Lawmaker wants no repeat of Sanilac County rapist and child custody case

LANSING — A mid-Michigan lawmaker wants to make sure the controversial case of a man getting and then losing custody of the child that was conceived when he raped a 12-year old never happens again.

State Rep. Pam Faris, D-Clio, introduced a bill last week that would prohibit people who are convicted of third-degree criminal sexual conduct from getting custody of a child that is the product of an assault.

The bill came about after a Sanilac County judge gave twice-convicted rapist, Christopher Mirasolo joint custody of an 8-year-old boy he fathered with a 12-year-old girl in 2008.

The order, which came about because the mother was looking for child support from the father, caused an uproar in the community and caused the judge, who wasn't aware of the rape conviction when he signed the order, to reexamine the case and rescind his order.

Even though the case has been resolved and the mother will continue with sole legal custody of the child, Faris said, she doesn't want the same thing to happen to anyone else.

"This particular case fell through a lot of holes in a lot of different systems and ended up being a nightmare for this young lady and her family," Faris said. "We really don't want rapists who plead down to a lesser crime to have custody or visitation. This bill is for victims in the future. Everyone has seen the error of their ways in this case, but this woman has gone through three weeks of hell."

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Bills introduced in the state Legislature last week include:

HB 5115: Allow medical providers to collect personal protection benefit payments from insurance companies. Sponsor: Rep. Peter Lucido, R-Shelby Township.

HB 5116: Utilize civil and administrative air pollution fines to benefit communities affected by pollution. Sponsor: Rep. Stephanie Chang, D-Detroit.

HB 5117: Restore state tax credit program for historic preservation. Sponsor: Rep. Stephanie Chang, D-Detroit.

HB 5118: Require a memorandum of understanding to allow state enforcement of federal laws pertaining to drones. Sponsor: Rep. Michele Hoitenga, R-Manton.

HB 5119: Require that drivers and bicyclists use the appropriate turn signal when changing lanes, in addition to when they are making turns. Sponsor: Rep. Abdullah Hammoud, D-Dearborn.

HB 5120: Designate a portion of M-15 in the city of Vassar as Specialist 5 Michael May and Corporal Chris Esckelson Memorial Highway. Sponsor: Rep. Edward Canfield, R-Sebawaing.

HB 5121-5123: Create a policy that assures quality foster care for children and require the Department of Health and Human Services to share that information with foster children. Sponsors: Reps. Terry Sabo, D-Muskegon, Jim Runestad, R-White Lake, Pamela Hornberger, R-Chesterfield Township.

HB 5124-5125: Allow certain individuals to partially waive no-fault auto insurance coverage. Sponsor: Rep. Tim Greimel, D-Auburn Hills.

HB 5126: Exclude law enforcement from the definition of school personnel in restraint and seclusion policy. Sponsor: Rep. Daniela Garcia, R-Holland.

HB 5127: Revise the quota exceptions for specialty designated merchant liquor licenses. Sponsor: Rep. Triston Cole, R-Mancelona.

HB 5128-5129: Provide for the recovery of costs for prosecutions of using a computer or the internet to commit a crime. Sponsor: Rep. Peter Lucido, R-Shelby Township.

HB 5131: Repeal references to elected office of county auditor in election law. Sponsor: Rep. Robert Kosowski, D-Westland.

HB 5132: Remove the child custody exemption that allows a person convicted of a criminal sexual conduct crime to be granted custody. Sponsor: Rep. Pam Faris, D-Clio.

HB 5133: Provide for a 5-cents-per-gallon excise tax on bottled water from producers that draw water from Michigan. Sponsor: Rep. Peter Lucido, R-Shelby Township.

HB 5134: Revise the distribution of funds in the state convention facility development act so that $1.9 million from the convention tax levied on hotels in metro Detroit can be shifted annually to the Northern Michigan Regional Tourism and Sports Fund through the year 2027. Sponsor: Rep. Beau LaFave, R-Iron Mountain.

HB 5135: Designate March 29 as the annual Recognize Vietnam Veterans Day. Sponsor: Rep. Jon Hoadley,D-Kalamazoo.

HB 5136: Provide income tax credit for teachers who use their own money to pay for supplies. Sponsor: Rep. Steve Marino, R-Mt. Clemens.

HB 5137-5138: Prohibit and impose penalties for using, manufacturing, importing or storing explosive materials. Sponsor: Rep. Steven Johnson, R-Wayland.

HB 5139-5142: A package of bills to increase opportunities for students to explore different career paths, including requiring instruction on career exploration and job readiness in school curriculums; providing access to high school pupil directory for proprietary schools, community colleges and skilled trades employers; allowing the option to hire non-certified teachers for career and technical programs. Sponsors: Reps. Daire Rendon, R-Lake City, Sue Allor, R-Wolverine; Bronna Kahle, R-Adrian; Robert Kosowski, D-Westland.

HB 5143: Modify property tax exemption for alternative energy. Sponsor: Rep. Tom Barrett, R-Charlotte.

HB 5144: Makes some technical changes in the state’s medical marijuana law, including allowing caregivers to transfer seeds, seedlings, usable marijuana and marijuana plants to medical marijuana processors; transfer marijuana from a grow operation to a processor or a dispensary without secure transport if the three facilities are at the same location; and provides protections from prosecution for accountants and banks that are involved with the medical marijuana business.

HB 5145: Include time invested with local employers and technology centers as teachers’ credit toward continuing education and professional development. Sponsor: Rep. Julie Alexander, R-Hanover.

HB 5146-5147: Expand implementation of reading improvement plan in schools. Create a grant program to fund “Every Child Ready to Read” program. Sponsors: Reps. Cara Clemente, D-Lincoln Park; William Sowerby, D-Clinton Township.

HB 5148: Modify the hourly reimbursement rate for child care centers. Sponsor: Rep. Stephanie Chang, D-Detroit.

HB 5149: Provide funding for home visitation grants. Sponsor: Rep. Robert Wittenberg, D-Oak Park.

HB 5150-5151: Expand the income eligibility for the great start readiness program and allow participation of children 3 years of age. Sponsors: Reps. Darrin Camilleri, D-Brownstown Township, Adam Zemke, D-Ann Arbor.

HB 5152-5153:  Create a nonopioid directive form for patients and allow a guardian to execute. Sponsors: Reps. Sam Singh, D-East Lansing, Edward Canfield, R-Sebawaing.

HB 5154: Mandate that patients getting radiological treatement be provided with information on protective devices. Sponsor: Rep. Sherry Gay-Dagnogo, D-Detroit.

HB 5155-5156: Modify the adopt-a-river and adopt-a-shoreline programs. Sponsor: Rep. Kimberly LaSata, R-St. Joseph.

HB 5157: Modify restrictions on the days when school is in session and school start date. Sponsor: Rep. Pamela Hornberger, R-Chesterfield Township.

HB 5158-5159: Provide for developmental milestone and assessment of language and communication development for deaf, deafblind and hard of hearing children and create the deaf, deafblind and hard of hearing children’s education bill of rights. Sponsor: Rep. Martin Howrylak, R-Troy, Phil Phelps, D-Flushing.

Senate bills

SB 632-633: Create a state cybersecurity council and require encryption of personal identifying computerized data. Sponsor: Sen. Darwin Booher, R-Evart.

SB 634: Allow for extensions or renewals of a temporary psychologist license. Sponsor: Rep. Wayne Schmidt, R-Traverse City.

SB 635: Provide a cap on the fee assessed by mortgage foreclosure sale purchasers. Sponsor: Sen. Vincent Gregory, D-Southfield.

SB 636-637: Clarify the limits of a permit fee, bonding and insurance requirements required for a government entity or telecommunication provider working with a country right-of-way. Sponsors: Sens. Dale Zorn, R-Ida, Joe Hune, R-Gregory.

For more information or to track the progress of bills, go to www.legislature.mi.gov

Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal