Threats and injuring assaults against covered caregivers would carry penalties

People who threaten physical harm, intimidate, or harass covered caregivers because of their caregiver status would face misdemeanor penalties. Coverage includes paid or unpaid foster parents, kinship caregivers, family-like caregivers called fictive kin, and adoptive parents of children formerly in foster care. A threat may be communicated to anyone. Harassment must actually cause emotional distress and be conduct that would distress a reasonable person. Intimidation must involve deliberate harassment intended to cause fear of physical injury. It must actually cause that fear and would cause a reasonable person to fear injury. Harassment and intimidation exclude constitutionally protected activity and conduct serving a legitimate purpose. The penalty would be up to one year in jail, a fine of up to $1,000, or both. These penalties would take effect 90 days after HB 5684 becomes law, but only if HB 5685 or the Senate bill identified by request S02128'25 also becomes law.

People who assault a covered caregiver and cause physical injury would face felony penalties, with a higher maximum prison term for serious loss of bodily function. Coverage includes paid or unpaid foster parents, kinship caregivers, family-like caregivers called fictive kin, and adoptive parents of children formerly in foster care. The assault must happen while the caregiver performs caregiving duties or because of the person's caregiver status. Physical injury would carry up to two years in prison, a fine of up to $1,000, or both. Serious impairment of a body function would carry up to five years in prison, a fine from $1,000 to $5,000, or both. This injury category uses a definition in Michigan's vehicle code. A conviction or sentence under this section would not prevent a conviction or sentence under another applicable law. These penalties would take effect 90 days after HB 5684 becomes law, but only if HB 5685 or the Senate bill identified by request S02128'25 also becomes law.