HB-4131, As Passed Senate, May 2, 2019
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
House Bill No. 4131 as amended April 30, 2019
(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
<<(2) This section does not apply to skilled nursing facility staff performing duties required of skilled nursing facilities under state and federal laws, rules, and regulations, including, but not limited to, section 20201(2) of the public health code, 1978 PA 368, MCL 333.20201, 42 CFR 483.10, and 42 CFR 483.12, that guarantee the rights of skilled nursing facility residents.>>
<<3>> 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
<<4>> 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
(c) "Medically frail parole" means a parole granted under
section 35(10) of the corrections code of 1953, 1953 PA 232, MCL
(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