2023 House Bill 4476 / Public Act 277

Crimes: malicious destruction; crime of institutional desecration; create.

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 147c.

House Fiscal Agency Analysis

House Bills 4474 and 4476 would amend the Michigan Penal Code to revise provisions that prohibit hate crimes and to define and prohibit institutional desecration, respectively. The bills would provide for enhanced penalties based on factors such as prior convictions, allow a court to impose alternative sentences under certain conditions, and respectively modify or allow for a civil cause of action. House Bills 4475 and 4477 would make complementary changes to the sentencing guidelines in the Code of Criminal Procedure.

Introduced in the House

April 26, 2023

Introduced by Rep. Noah Arbit (D-20) and 46 co-sponsors

Co-sponsored by Reps. Ranjeev Puri (D-24), Kristian Grant (D-82), Sharon MacDonell (D-56), Penelope Tsernoglou (D-75), Dylan Wegela (D-26), Jason Morgan (D-23), Veronica Paiz (D-11), Jaime Churches (D-27), Carol Glanville (D-84), Jason Hoskins (D-18), Mike McFall (D-8), Betsy Coffia (D-103), Joey Andrews (D-38), Carrie Rheingans (D-47), Denise Mentzer (D-61), Alabas Farhat (D-3), Jasper Martus (D-69), Kelly Breen (D-21), Donavan McKinney (D-14), Jimmie Wilson (D-32), Phil Skaggs (D-80), Samantha Steckloff (D-19), Julie Rogers (D-41), Tyrone Carter (D-1), Erin Byrnes (D-15), Natalie Price (D-5), Regina Weiss (D-6), Brenda Carter (D-53), Reggie Miller (D-31), Kara Hope (D-74), Rachel Hood (D-81), Jenn Hill (D-109), Felicia Brabec (D-33), Helena Scott (D-7), Jennifer Conlin (D-48), Emily Dievendorf (D-77), Stephanie Young (D-16), Amos O’Neal (D-94), Cynthia Neeley (D-70), Christine Morse (D-40), Julie Brixie (D-73), John Fitzgerald (D-83), Kimberly Edwards (D-12), Nate Shannon (D-58), Abraham Aiyash (D-9) and Karen Whitsett (D-4)

Referred to the Committee on Criminal Justice

June 13, 2023

Reported with substitute H-2

June 14, 2023

Substitute H-2 concurred in by voice vote

June 20, 2023

Passed in the House 83 to 26 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 21, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Oct. 31, 2023

Reported with substitute S-3

Nov. 2, 2023

Referred to the Committee of the Whole

Nov. 9, 2023

Reported with substitute S-3

Substitute S-3 concurred in by voice vote

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 2, line 13, by striking out all of subdivision (f) and relettering the remaining subdivision.

The amendment was withdrawn

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 5, line 23, after “Damages” by striking out the balance of the subdivision and inserting “of not more than 3 times the actual damages.”.

The amendment was withdrawn

Substitute S-4 offered by Sen. Stephanie Chang (D-3)

Consideration postponed

Amendment offered by Sen. Ruth Johnson (R-24)

1.

Amend page 2, line 13, by striking out all of subdivision (f) and relettering the remaining subdivision.

The amendment failed 17 to 20 (details)

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 5, line 23, after “Damages” by striking out the balance of the subdivision and inserting “of not more than 3 times the actual damages.”.

The amendment failed 18 to 19 (details)

Substitute S-4 offered

The substitute passed by voice vote

Passed in the Senate 24 to 13 (details)

Received in the House

Nov. 9, 2023

Substitute S-4 concurred in 89 to 18 (details)

Signed by Gov. Gretchen Whitmer

Dec. 8, 2023