Failing to Report Child Abuse Would Be a Felony under Bills Approved by Senate Panel

By Emily Lawler
MLive
February 27, 2018

http://www.mlive.com/news/index.ssf/2018/02/failing_to_report_child_abuse.html

Olympic gold medalist Jordyn Weiber, speaking, joined sexual assault survivors and lawmakers at a press conference announcing legislation to better protect victims of sexual assault on Feb. 26, 2018. (Emily Lawler | MLive.com)

Note: This story has been changed to reflect that the proposed changes to the criminal statute of limitations are not retroactive.

LANSING, MI -- An employee and mandated reporter who fails to report suspected child abuse would be guilty of a felony punishable by up to two years in prison under a package of bills approved by the Senate Judiciary Committee on Tuesday.

The bills, announced on Monday, are a reaction to the case involving ex-MSU Dr. Larry Nassar, who pleaded guilty to 10 counts of first-degree criminal sexual assault. More than 250 women accused him of molesting them, and some told authority figures who failed to report their allegations.

As proposed, the package would have taken the punishment for an employee and mandatory reporter who failed to report child abuse or neglect from a 93-day misdemeanor to a 1-year misdemeanor.

But an amendment from Sen. Rick Jones, R-Grand Ledge, took the punishment up to a felony punishable by up to two years in prison and/or a fine of $1,000 to $5,000. For volunteers who are mandatory reporters and don't report, it would be a one-year felony and/or fine of up to $1,000.

It was this version, along with the other bills in the package, the committee approved on Thursday.

Larissa Boyce warned MSU Gymnastics Coach Kathie Klages about Nassar's conduct in 1997 when she was 16. Instead of reporting it, Klages allegedly intimidated her out of filing a report.

"I have come to the realization over the last year or so that the MSU adults and leaders that I looked up to failed me when I was that child," Boyce said.

Jones said he was moved by the fact that hundreds of instances of Nassar's sexual abuse could have been prevented if mandatory reporters had reported the abuse they were told about.

"They don't need training. They know it as a father as a grandfather, they know what they need to do. And if they can't do it they need to sit in a prison cell right next to Larry Nassar. That's where they belong," Jones said.

Other bills in the package increase the scope of who is a mandatory reporter, increase the statute of limitations for the prosecution of second- and third-degree criminal sexual assault, give victims of childhood sexual abuse more time to file civil suits and create a charge of "aggravated possession of child sexually abusive material" for people with large amounts or particular kinds of child pornography.

The package is supported by survivors, including Boyce and Rachael Denhollander, the first victim of Nassar's to come forward publicly. She is urging lawmakers to get the bills passed into law by July, when her fourth daughter is due. Both Jones and Sen. Margaret O'Brien, R-Portage, the package's leader, have said they want to stick to that timeline too, which is also before the legislature breaks for the summer.

ACLU of Michigan testified in partial opposition to the package, with Policy Counsel Kimberly Buddin citing the potential for "unintended consequences."

Other groups put in cards in support of the package, though none testified.

The bills head next to the full Senate for consideration. They would need to pass the full Senate and full House, then get a signature from Gov. Rick Snyder, to become law.