2023 Senate Bill 236 / Public Act 65

Crimes: criminal sexual conduct; definition of mentally incapacitated for criminal sexual conduct cases; modify.

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 520a (MCL 750.520a), as amended by 2014 PA 64.

Senate Fiscal Agency Analysis

The bill would amend Chapter LXXVI (Rape) of the Michigan Penal Code to modify the definition of "mentally incapacitated". Under the Code, "mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance, administered to that person without his or her consent, or due to any other act committee to that person without his or her consent. Under the bill, "mentally incapacitated" would mean that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance or due to any act committee to that person without the person's consent.

Introduced in the Senate

March 23, 2023

Introduced by Sen. Jeff Irwin (D-15) and eight co-sponsors

Co-sponsored by Sens. Rosemary Bayer (D-13), Erika Geiss (D-1), Sylvia Santana (D-2), Dayna Polehanki (D-5), Stephanie Chang (D-3), Ed McBroom (R-38), Ruth Johnson (R-24) and Sam Singh (D-28)

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

April 20, 2023

Reported with substitute S-1

April 25, 2023

Referred to the Committee of the Whole

May 2, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

May 3, 2023

Passed in the Senate 38 to 0 (details)

Received in the House

May 3, 2023

Referred to the Committee on Judiciary

June 14, 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