PREVENTING REPORT TO TITLE IX COORD.                                                      H.B. 5982:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5982 (as reported without amendment)

Sponsor:  Representative Sara Cambensy

House Committee:  Law and Justice

Senate Committee:  Judiciary

CONTENT

The bill would amend the Michigan Penal Code to make it a misdemeanor for a person to intentionally use his or her professional position of authority over another person to prevent or attempt to prevent that person from reporting any of the following alleged crimes to a Title IX coordinator at a postsecondary educational institution: child abuse; criminal sexual conduct (CSC) in the first, second, third, or fourth degree; or assault with intent to commit second-degree CSC or CSC involving sexual penetration.

The misdemeanor would be punishable by imprisonment for up to one year or a maximum fine of $1,000, or both.

"Postsecondary educational institution" would mean a degree- or certificate-granting public or private college or university, junior college, or community college located in Michigan.

Proposed MCL 750.478b                                                    Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on the State and a negative impact on local government. More misdemeanor arrests and convictions could increase resource demands on law enforcement, court systems, community supervision, and jails. Any associated increase in fine revenue would increase funding to public libraries.

Date Completed:  6-7-18                                                      Fiscal Analyst:  Ryan Bergan

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.