HOUSE BILL No. 5420

March 2, 2016, Introduced by Rep. Lucido and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 145n. (1) A caregiver is guilty of vulnerable adult abuse

 

in the first degree if the caregiver intentionally causes serious

 

physical harm or serious mental harm to a vulnerable adult.

 

Vulnerable adult abuse in the first degree is a felony punishable

 

by imprisonment for not more than 15 years or a fine of not more

 

than $10,000.00, or both.

 

     (2) A caregiver or other person with authority over the

 

vulnerable adult is guilty of vulnerable adult abuse in the second

 

degree if the reckless act or reckless failure to act of the

 

caregiver or other person with authority over the vulnerable adult

 

causes serious physical harm or serious mental harm to a vulnerable


adult. Vulnerable adult abuse in the second degree is a felony

 

punishable by imprisonment for not more than 4 years or a fine of

 

not more than $5,000.00, or both.

 

     (3) A caregiver is guilty of vulnerable adult abuse in the

 

third degree if the caregiver intentionally causes physical harm to

 

a vulnerable adult. Vulnerable adult abuse in the third degree is a

 

misdemeanor punishable by imprisonment for not more than 2 years or

 

a fine of not more than $2,500.00, or both.

 

     (4) A caregiver or other person with authority over the

 

vulnerable adult is guilty of vulnerable adult abuse in the fourth

 

degree if the reckless act or reckless failure to act of the

 

caregiver or other person with authority over a vulnerable adult

 

causes physical harm to a the vulnerable adult or the caregiver or

 

other person with authority over the vulnerable adult knowingly or

 

intentionally commits an act that under the circumstances poses an

 

unreasonable risk or harm or injury to a vulnerable adult,

 

regardless of whether physical harm results. Vulnerable adult abuse

 

in the fourth degree is a misdemeanor punishable by imprisonment

 

for not more than 1 year or a fine of not more than $1,000.00, or

 

both.

 

     (5) This section does not prohibit a caregiver or other person

 

with authority over a vulnerable adult from taking reasonable

 

action to prevent a vulnerable adult from being harmed or from

 

harming others.

 

     (6) This section does not apply to an act or failure to act

 

that is carried out as directed by a patient advocate under a

 

patient advocate designation executed in accordance with sections


5506 to 5515 of the estates and protected individuals code, 1998 PA

 

386, MCL 700.5506 to 700.5515.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.