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MI HB4481

Bill

Status

Passed

5/4/2016

Primary Sponsor

Lisa Lyons

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Prohibits courts from awarding custody to a biological parent convicted of criminal sexual conduct under MCL 750.520a-520e and 750.520g if the child was conceived as a result of that conduct, unless both parents later cohabit and establish a mutual custodial environment.

  • Prohibits courts from granting parenting time to a biological parent convicted of the specified sexual conduct crimes if the child was conceived as a result, with the same cohabitation exception.

  • Removes the prohibition on custody or parenting time if the conviction is under MCL 750.520d(1)(a) (consensual sexual conduct between certain age groups).

  • Bars custody and parenting time with an offender's own child or that child's sibling without written consent from both the other parent and the child if of sufficient age, when the victim of the sexual conduct was the offender's child.

  • Became effective August 1, 2016 (90 days after the May 3, 2016 enactment date).

Legislative Description

Family law; child custody; custody or parenting time for certain parents of a child conceived through sexual assault or sexual abuse; prohibit under certain circumstances. Amends secs. 5 & 7a of 1970 PA 91 (MCL 722.25 & 722.27a).

Crimes: criminal sexual conduct

Last Action

Assigned Pa 96'16 With Immediate Effect

5/4/2016

Committee Referrals

Judiciary10/20/2015
Criminal Justice4/21/2015

Full Bill Text

No bill text available