1st Degree Child Abuse LIFE IN PRISON
2nd Degree Child Abuse 10 YEARS IN PRISON
Commit Child Abuse in Front of Another Child, You Are Guilty of the Same Act on That Child. Forcing a Child to Witness Abuse IS ALSO ABUSE!
A letter from Dominick Calhoun’s family
Dominick Richard Calhoun was a victim of child abuse in the most severe way. Our story begins on April 12, 2010, when our family lost a son, grandson, nephew, brother and friend. Our children only have us to rely on, so it is our duty to be the voice for those children that have none.
If everyone from judges to child protective services (CPS) had just done their job, this sweet child would still be with us. After Dominick’s death, we started looking into the reasons why we were let down by the system that is supposed to protect children from violent homes.
After Dominick’s death, Facebook pages came up in memory of Dominick. The two key pages were, “Justice for Dominick,” and “Dominick’s law.” Right from the beginning, we started getting support from families of other children that have gone through similar situations. As our sites grew in popularity, we started receiving inquiries from people asking us for help because no one would help them. I would personally speak with some of these people and cry over their situations. These many conversations drove our family to fight harder to change the way things work. I hear over and over how the courts, (CPS) and other agencies turn these people away. The end result is children suffer. This has to stop.
Ever since Dominick was taken from us, we have been busy trying to help local charities that help these very children that have been abused. In this journey, we have not been able to understand the magnitude of this very thing that took our Dominick from us. We then found out that existing laws to help these very children were in need of change, so we enlisted help from a wonderful lady, who helped us with the first draft of what would become Dominick’s Law.
That’s when we started contacting state representatives. At our first meeting, we were very happy with the turnout of people who wanted to help us. I could see that we were going to do something special here.
Our law is now beginning to receive action. With Lansing’s help, we will finally make this happen. Dominick did not have the chance to grow up and we will not get to enjoy even one more of the beautiful moments of his life. If Dominick’s Law had been in place, my grandson’s killer would not have been on the street to begin with.
There is so much more that needs to be done other than this law, but it is such a huge step. My family and so many others grieve and cry every day over what has happened to our children. I know from living this nightmare every day that this has to change. Dominick’s law points us in the right direction.
Sincerely,
The Calhoun family
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
2012-HNB-5562.pdf
Introduced by Reps. Lori, Ananich, Barnett, Bauer, Bledsoe, Brown, Brunner, Byrum, Constan, Cotter, Crawford, Damrow, Darany, Denby, Dillon, Durhal, Farrington, Foster, Gilbert, Graves, Greimel, Haines, Haugh, Haveman, Heise, Hooker, Horn, Hovey-Wright, Hughes, Huuki, Irwin, Jackson, Jenkins, Knollenberg, Kurtz, LaFontaine, LeBlanc, Liss, Lyons, MacMaster, McCann, Meadows, O’Brien, Oakes, Olson, Opsommer, Pettalia, Poleski, Potvin, Price, Rendon, Rutledge, Santana, Wayne Schmidt, Segal, Shaughnessy, Slavens, Smiley, Somerville, Stamas, Stapleton, Switalski, Talabi, Tlaib and Tyler
ENROLLED HOUSE BILL No. 5562
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 136b (MCL 750.136b), as amended by 2008 PA 577, and by adding section 136d.
The People of the State of Michigan enact:
Sec. 136b. (1) As used in this section:
(a) “Child” means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4.
(b) “Cruel” means brutal, inhuman, sadistic, or that which torments.
(c) “Omission” means a willful failure to provide food, clothing, or shelter necessary for a child’s welfare or willful abandonment of a child.
(d) “Person” means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.
(e) “Physical harm” means any injury to a child’s physical condition.
(f) “Serious physical harm” means any physical injury to a child that seriously impairs the child’s health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.
(g) “Serious mental harm” means an injury to a child’s mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
(2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious physical or serious mental harm to a child. Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.
(3) A person is guilty of child abuse in the second degree if any of the following apply:
(a) The person’s omission causes serious physical harm or serious mental harm to a child or if the person’s reckless act causes serious physical harm or serious mental harm to a child.
(b) The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.
(c) The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.
(4) Child abuse in the second degree is a felony punishable by imprisonment as follows:
(a) For a first offense, not more than 10 years.
(b) For a second or subsequent offense, not more than 20 years.
(5) A person is guilty of child abuse in the third degree if any of the following apply:
(a) The person knowingly or intentionally causes physical harm to a child.
(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.
(6) Child abuse in the third degree is a felony punishable by imprisonment for not more than 2 years.
(7) A person is guilty of child abuse in the fourth degree if any of the following apply:
(a) The person’s omission or reckless act causes physical harm to a child.
(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.
(8) Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year.
(9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.
(10) It is an affirmative defense to a prosecution under this section that the defendant’s conduct involving the child was a reasonable response to an act of domestic violence in light of all the facts and circumstances known to the defendant at that time. The defendant has the burden of establishing the affirmative defense by a preponderance of the evidence. As used in this subsection, “domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
Sec. 136d. (1) A person who violates section 136b in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable as follows:
(a) If the person violates section 136b(2) in the presence of another child, by imprisonment for life or any term of years.
(b) Except as provided in subdivision (c), if the person violates section 136b(4) in the presence of another child, by imprisonment for not more than 10 years.
(c) If the person violates section 136b(4) in the presence of another child on a second or subsequent occasion, by imprisonment for not more than 20 years.
(d) If the person violates section 136b(6) in the presence of another child, by imprisonment for not more than 2 years.
(2) A charge and conviction under this section do not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section.
Enacting section 1. This amendatory act shall be known and may be cited as “Dominick’s Law”.
Enacting section 2. This amendatory act takes effect July 1, 2012.
This act is ordered to take immediate effect.
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
2012-HNB-5563.pdf
Introduced by Reps. Graves, Ananich, Barnett, Bauer, Bledsoe, Brown, Brunner, Byrum, Constan, Cotter, Crawford, Damrow, Darany, Denby, Durhal, Farrington, Geiss, Gilbert, Greimel, Haveman, Heise, Hooker, Horn, Howze, Hughes, Jackson, Jenkins, Knollenberg, Kurtz, Lane, LeBlanc, Lindberg, Liss, Lyons, MacGregor, Meadows, O’Brien, Oakes, Olson, Opsommer, Poleski, Rendon, Roy Schmidt, Wayne Schmidt, Segal, Slavens, Smiley, Somerville, Stallworth, Stamas, Stanley, Stapleton, Switalski, Talabi, Tlaib, Tyler and Zorn
ENROLLED HOUSE BILL No. 5563
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2008 PA 521.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.135 Person D Exposing children with intent to injure or abandon 10
750.135a(2)(c) Person D Leaving child unattended in vehicle resulting in serious physical harm 10
750.135a(2)(d) Person B Leaving child unattended in vehicle resulting in death 15
750.136b(2) Person A First degree child abuse Life
750.136b(4)(a) Person C Second degree child abuse — first offense 10
750.136b(4)(b) Person B Second degree child abuse — second or subsequent offense 20
750.136b(6) Person G Third degree child abuse 2
750.136c Person B Buying or selling an individual 20
750.136d(1)(a) Person A First degree child abuse in presence of another child Life
750.136d(1)(b) Person D Second degree child abuse in presence of another child — first offense 10
750.136d(1)(c) Person B Second degree child abuse in presence of another child — second or subsequent offense 20
750.136d(1)(d) Person G Third degree child abuse in presence of another child 2
750.145a Person F Soliciting child to commit an immoral act 4
750.145b Person D Accosting children for immoral purposes with prior conviction 10
750.145c(2) Person B Producing child sexually abusive activity or material 20
750.145c(3) Person D Distributing, promoting, or financing the distribution of child sexually abusive activity or material 7
750.145c(4) Person F Possessing child sexually abusive material 4
750.145d(2)(b) Variable G Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years 2
750.145d(2)(c) Variable F Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years 4
750.145d(2)(d) Variable D Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years 10
750.145d(2)(e) Variable C Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years 15
750.145d(2)(f) Variable B Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life 20
750.145n(1) Person C First degree vulnerable adult abuse 15
750.145n(2) Person F Second degree vulnerable adult abuse 4
750.145n(3) Person G Third degree vulnerable adult abuse 2
750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5
750.145p(1) Person G Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult 2
750.145p(2) Person G Retaliation or discrimination by caregiver against vulnerable adult 2
750.145p(5) Person E Caregiver or licensee violation against vulnerable adult — subsequent offense 5
750.147b Person G Ethnic intimidation 2
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act takes effect July 1, 2012.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5562 of the 96th Legislature is enacted into law.
This act is ordered to take immediate effect