2023 Senate Bill 67 / Public Act 58

Crimes: criminal sexual conduct; sexual contact and sexual penetration under pretext of medical treatment; prohibit, and provide penalties.

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 90 (MCL 750.90).

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. Dan Lauwers (R-25) and 10 co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Stephanie Chang (D-3), Lana Theis (R-22), 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