SB-1466, As Passed House, December 9, 2004
November 3, 2004, Introduced by Senators JACOBS, HAMMERSTROM and PATTERSON and referred to the Committee on Health Policy.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 145n (MCL 750.145n), as amended by 2000 PA
66.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 145n. (1) A caregiver is guilty of vulnerable adult
2 abuse in the first degree if the caregiver intentionally causes
3 serious physical harm or serious mental harm to a vulnerable
4 adult. Vulnerable adult abuse in the first degree is a felony
5 punishable by imprisonment for not more than 15 years or a fine
6 of not more than $10,000.00, or both.
7 (2) A caregiver or other person with authority over the
8 vulnerable adult is guilty of vulnerable adult abuse in the
9 second degree if the reckless act or reckless failure to act of
10 the caregiver or other person with authority over the vulnerable
1 adult causes serious physical harm or serious mental harm to a
2 vulnerable adult. Vulnerable adult abuse in the second degree is
3 a felony punishable by imprisonment for not more than 4 years or
4 a fine of not more than $5,000.00, or both.
5 (3) A caregiver is guilty of vulnerable adult abuse in the
6 third degree if the caregiver intentionally causes physical harm
7 to a vulnerable adult. Vulnerable adult abuse in the third
8 degree is a misdemeanor punishable by imprisonment for not more
9 than 2 years or a fine of not more than $2,500.00, or both.
10 (4) A caregiver or other person with authority over the
11 vulnerable adult is guilty of vulnerable adult abuse in the
12 fourth degree if the reckless act or reckless failure to act of
13 the caregiver or other person with authority over a vulnerable
14 adult causes physical harm to a vulnerable adult. Vulnerable
15 adult abuse in the fourth degree is a misdemeanor punishable by
16 imprisonment for not more than 1 year or a fine of not more than
17 $1,000.00, or both.
18 (5) This section does not prohibit a caregiver or other
19 person with authority over a vulnerable adult from taking
20 reasonable action to prevent a vulnerable adult from being harmed
21 or from harming others.
22 (6) This section does not apply to an act or failure to act
23 that is carried out as directed by a patient advocate under a
24 patient advocate designation executed in accordance with sections
25 5506 to 5512 5515
of the estates and protected individuals
26 code, 1998 PA 386, MCL
700.5506 to 700.5512 700.5515.
27 Enacting section 1. This amendatory act does not take
1 effect unless Senate Bill No. 1464
2 of the 92nd Legislature is enacted into
3 law.