ENHANCED FINES; ASSAULT OF HEALTH PROF. H.B. 4520 (S-1) & 4521 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
House Bills 4520 and 4521 (Substitute S-1 as reported)
Sponsor: Representative Mike Mueller (H.B. 4520)
Representative Kelly Breen (H.B. 4521)
House Committee: Criminal Justice
Senate Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
House Bill 4520 (S-1) would amend the Michigan Penal Code to prescribe enhanced penalties for an assault without a weapon if the assault were against a health professional or medical volunteer and the individual committing the assault was not a patient. It also would require a health facility or agency or a hospital or psychiatric hospital to post signs in a prominent and visible location describing the enhanced penalty.
House Bill 4521 (S-1) would amend the Michigan Penal Code to prescribe enhanced penalties for an assault with a dangerous weapon if the assault were against a health professional or medical volunteer and the individual committing the assault was not a patient. It also would require a health facility or agency or a hospital or psychiatric hospital to post signs in a prominent and visible location describing the enhanced penalty.
The bills are tie-barred, and each bill would take effect 90 days after its enactment.
MCL 750.81 & 750.81a (H.B. 4520)
750.82 (H.B. 4521)
BRIEF RATIONALE
According to testimony, health facility visitors sometimes harass or assault healthcare workers at the facility. Some people believe that this harassment deters people from entering the healthcare workforce and takes away from the current workforce's ability to function. Accordingly, it has been suggested that a person who assaulted a healthcare worker receive enhanced penalties for that assault.
PREVIOUS LEGISLATION
(This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)
House Bills 4520 and 4521 are reintroductions of provisions of House Bill 5682 of the 2021-2022 Legislative Session. House Bill 5682 passed the House and was referred to the Senate Committee on Government Operations but received no further action.
Legislative Analyst: Tyler P. VanHuyse
FISCAL IMPACT
The bill would have an indeterminate negative fiscal impact on the State and local governments. New misdemeanor arrests and convictions under the bill could increase resource demands on law enforcement, court systems, community supervision, and jails; however, it is unknown how many people would be prosecuted under provisions of the bill. Local jail costs vary by jurisdiction and thus costs for local governments would vary. The bill also would increase the fine amount if the violation were against a health professional or medical volunteer. Any additional revenue from imposed fines would go to local and county law libraries.
Date Completed: 10-23-23 Fiscal Analyst: Joe Carrasco, Jr.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.