2023 Senate Bill 68 / Public Act 59

Criminal procedure: sentencing guidelines; sentencing guidelines for sexual contact or sexual penetration under pretext of medical treatment; modify.

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

House Fiscal Agency Analysis

Senate Bill 67 would amend the Michigan Penal Code to prohibit a person who is undertaking medical treatment of a patient from engaging in sexual contact with or sexual penetration of the patient by misrepresenting the contact or penetration as necessary for or beneficial to the patient’s health. A violation would be a felony subject to penalties as provided in the bill. Senate Bill 68 would add the felonies established by Senate Bill 67 to the sentencing guidelines chapter of the Code of Criminal Procedure.

Introduced in the Senate

Feb. 16, 2023

Introduced by Sen. Erika Geiss (D-1) and 9 co-sponsors

Co-sponsored by Sens. Dan Lauwers (R-25), Stephanie Chang (D-3), Joseph Bellino (R-16), Rosemary Bayer (D-13), Sue Shink (D-14), Paul Wojno (D-10), Sean McCann (D-19), Mary Cavanagh (D-6) and Dayna Polehanki (D-5)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

April 20, 2023

Reported without amendment

April 25, 2023

Referred to the Committee of the Whole

May 3, 2023

Reported without amendment

May 4, 2023

Passed in the Senate 38 to 0 (details)

Received in the House

May 4, 2023

Referred to the Committee on Criminal Justice

June 13, 2023

Reported without amendment

June 21, 2023

Passed in the House 105 to 4 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 27, 2023

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

July 12, 2023