Bill Text: MI HB5807 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; other; default standard for mens rea in criminal statutes; establish. Amends 1846 RS 1 (MCL 8.1 - 8.8) by adding secs. 9 & 9a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-17 - Printed Bill Filed 09/17/2014 [HB5807 Detail]
Download: Michigan-2013-HB5807-Introduced.html
HOUSE BILL No. 5807
September 16, 2014, Introduced by Rep. Shirkey and referred to the Committee on Judiciary.
A bill to amend 1846 RS 1, entitled
"Of the statutes,"
(MCL 8.1 to 8.8) by adding sections 9 and 9a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. In the construction of the statutes of this state the
following rule shall be observed, unless the construction would be
inconsistent with the manifest intent of the legislature:
Any law enacted after January 1, 2015 that establishes a
criminal offense and does not indicate whether a culpable mental
state is, or is not, required shall be construed to require a
culpable mental state and that the person act purposely, knowingly,
or recklessly.
Sec. 9a. If a statute defining an offense prescribes a
culpable mental state but does not specify the element to which it
applies, the prescribed culpable mental state applies to each
material element of the offense that necessarily requires a
culpable mental state.