HB 5978 Summary

• Adds "law enforcement officer" to the definitions in the Michigan Penal Code's criminal sexual conduct statutes and creates liability for officers who engage in sexual contact or penetration with individuals in their custody.

• Makes it a first-degree criminal sexual conduct felony for a law enforcement officer to engage in sexual penetration with someone aged 13-15 years while the victim is detained or in the officer's custody.

• Makes it a second-degree criminal sexual conduct felony for a law enforcement officer to engage in sexual contact with someone under 13 years of age while the victim is detained or in the officer's custody.

• Makes it a third-degree and fourth-degree criminal sexual conduct felony/misdemeanor respectively for a law enforcement officer to engage in sexual penetration or contact with someone aged 16 or older while the victim is detained or in the officer's custody.

• Requires lifetime electronic monitoring for certain violations involving individuals under 13 years of age and changes technical language from "shall" to "must" in mental health professional provisions; effective 90 days after enactment.