2023 House Bill 4202 / Public Act 77

Criminal procedure: defenses; defense to criminal sexual conduct charges based solely on mental incapacitation of the victim if the victim is the actor's spouse; repeal.

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 520l (MCL 750.520l), as amended by 1988 PA 138.

House Fiscal Agency Analysis

House Bill 4202 would amend the Michigan Penal Code to eliminate a provision that prohibits prosecuting an individual for committing criminal sexual conduct against their spouse if the charge is based solely on the spouse’s being legally incapacitated at the time of the incident.

Introduced in the House

March 7, 2023

Introduced by Rep. Laurie Pohutsky (D-17) and 35 co-sponsors

Co-sponsored by Reps. Felicia Brabec (D-33), Samantha Steckloff (D-19), Noah Arbit (D-20), Rachel Hood (D-81), Jasper Martus (D-69), Carrie Rheingans (D-47), Dylan Wegela (D-26), Natalie Price (D-5), Mike McFall (D-8), Jimmie Wilson (D-32), Veronica Paiz (D-11), Christine Morse (D-40), Penelope Tsernoglou (D-75), Kelly Breen (D-21), Erin Byrnes (D-15), Brenda Carter (D-53), Amos O’Neal (D-94), Kevin Coleman (D-25), Regina Weiss (D-6), Kara Hope (D-74), Matt Koleszar (D-22), Jenn Hill (D-109), Sharon MacDonell (D-56), Tullio Liberati (D-2), Jim Haadsma (D-44), Jason Hoskins (D-18), Tyrone Carter (D-1), Joey Andrews (D-38), Kristian Grant (D-82), Carol Glanville (D-84), Phil Skaggs (D-80), Jason Morgan (D-23), Alabas Farhat (D-3), Abraham Aiyash (D-9) and Karen Whitsett (D-4)

Referred to the Committee on Criminal Justice

March 21, 2023

Reported without amendment

April 19, 2023

Passed in the House 103 to 5 (details)

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

The motion prevailed by voice vote

Received in the Senate

April 20, 2023

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

May 18, 2023

Reported without amendment

May 23, 2023

Referred to the Committee of the Whole

June 27, 2023

Reported without amendment

Passed in the Senate 37 to 0 (details)

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