HB-4131, As Passed House, March 12, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4131

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 197d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 197d. (1) A person who does any of the following is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $1,000.00, or both:

 

     (a) Sells, gives, or furnishes, either directly or indirectly,

 

poison, a controlled substance, or a weapon to a medically frail

 

parolee knowing that person is a medically frail parolee. This

 

subdivision does not apply to a person who provides a controlled

 

substance to a medically frail parolee if that controlled substance

 

has been prescribed by a physician for use by a medically frail

 


parolee.

 

     (b) With the intent to assist a medically frail parolee in

 

violating his or her parole, assist a medically frail parolee in

 

absconding or attempting to abscond from supervision by leaving a

 

medical facility in which the medically frail parolee has agreed to

 

reside as a condition of his or her medically frail parole without

 

the permission of the parolee's supervising agent.

 

     (c) Knowingly cause a medically frail parolee to have contact

 

with a person with whom the medically frail parolee is prohibited

 

from having contact as a condition of his or her medically frail

 

parole or a valid personal protection order.

 

     (2) This section does not apply to a person who aids or

 

assists a medically frail parolee in leaving or attempting to leave

 

a medical facility in which the medically frail parolee has been

 

placed as a condition of his or her medically frail parole because

 

of any of the following:

 

     (a) The medically frail parolee requires a medical service

 

that must be performed at a different medical facility.

 

     (b) The medically frail parolee has a medical emergency that

 

requires medical service at a different medical facility.

 

     (c) There is a natural disaster, fire, or infrastructural

 

failure at the medical facility in which the medically frail

 

parolee has been placed that necessitates evacuating the medically

 

frail parolee.

 

     (3) As used in this section:

 

     (a) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.


     (b) "Medical facility" means a hospital, hospice, nursing

 

home, or other housing accommodation providing medical treatment

 

suitable to the condition or conditions rendering the parolee

 

medically frail.

 

     (c) "Medically frail parole" means a parole granted under

 

section 35(10) of the corrections code of 1953, 1953 PA 232, MCL

 

791.235.

 

     (d) "Medically frail parolee" means an individual granted

 

parole under section 35(10) of the corrections code of 1953, 1953

 

PA 232, MCL 791.235.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4129 of the 100th Legislature is enacted into

 

law.