2023 House Bill 4477 / Public Act 278

Criminal procedure: sentencing guidelines; sentencing guidelines for crime of institutional desecration and causing vulnerable adult to provide sexually explicit visual material; provide for.

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

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. Ranjeev Puri (D-24) and 45 co-sponsors

Co-sponsored by Reps. Noah Arbit (D-20), Kristian Grant (D-82), Sharon MacDonell (D-56), Penelope Tsernoglou (D-75), Jason Morgan (D-23), Dylan Wegela (D-26), Veronica Paiz (D-11), Jaime Churches (D-27), Carol Glanville (D-84), Mike McFall (D-8), Joey Andrews (D-38), Carrie Rheingans (D-47), Denise Mentzer (D-61), Alabas Farhat (D-3), Betsy Coffia (D-103), 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-1

June 14, 2023

Substitute H-1 concurred in by voice vote

June 20, 2023

Substitute H-3 offered by Rep. Ranjeev Puri (D-24)

The substitute passed by voice vote

Passed in the House 82 to 27 (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 without amendment

Nov. 2, 2023

Referred to the Committee of the Whole

Nov. 9, 2023

Reported without amendment

Substitute S-1 offered by Sen. Stephanie Chang (D-3)

The substitute passed by voice vote

Passed in the Senate 24 to 13 (details)

Received in the House

Nov. 9, 2023

Substitute S-1 concurred in 88 to 19 (details)

Signed by Gov. Gretchen Whitmer

Dec. 8, 2023