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.