2023 Senate Bill 70 / Public Act 61

Criminal procedure: sentencing guidelines; sentencing guidelines for the crime of performing certain medical treatments on a minor without consent and another individual present and intentionally omitting certain services in a medical record; enact.

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 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA 583.

House Fiscal Agency Analysis

Senate Bill 69 amends the Public Health Code to require written parental consent before procedures involving vaginal or anal penetration can be performed on a minor; requires such procedures to be within the treating health care professional’s scope of practice; requires another health professional to be in the room during such procedures; provides exceptions; establishes criminal penalties for violations; and requires the Department of Licensing and Regulatory Affairs (LARA) to create a standardized consent form. Senate Bill 71 requires performance of a medical service involving vaginal or anal penetration to be included in a patient’s medical records; requires those records to be maintained for at least 15 years; establishes administrative and criminal penalties for noncompliance; and allows LARA to promulgate rules to provide guidance on standards of practice for services involving vaginal or anal penetration in consultation with appropriate professional associations and other interested parties. Senate Bills 70 and 72 are identical bills that add the felonies established under Senate Bills 69 and 71 to the sentencing guidelines in the Code of Criminal Procedure.

Introduced in the Senate

Feb. 16, 2023

Introduced by Sen. Ruth Johnson (R-24) and 10 co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Stephanie Chang (D-3), Dan Lauwers (R-25), 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 with substitute S-1

Substitute S-1 concurred in by voice vote

May 4, 2023

Passed in the Senate 38 to 0 (details)

Received in the House

May 4, 2023

Referred to the Committee on Health Policy

June 8, 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