2023 House Bill 4696 / Public Act 83

Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations; provide for and update.

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 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661.

House Fiscal Agency Analysis

House Bill 4696 amends the Code of Criminal Procedure to do the following: -- Add a felony penalty for disclosing an election result from an early voting site before election day. -- Remove an extraneous provision specifying that disclosing election results or how a ballot was voted is a felony.

Introduced in the House

June 6, 2023

Introduced by Rep. Penelope Tsernoglou (D-75) and 21 co-sponsors

Co-sponsored by Reps. Kara Hope (D-74), Jenn Hill (D-109), Stephanie Young (D-16), Carol Glanville (D-84), Carrie Rheingans (D-47), Jimmie Wilson (D-32), Jason Morgan (D-23), Reggie Miller (D-31), Dylan Wegela (D-26), Kristian Grant (D-82), Amos O’Neal (D-94), Veronica Paiz (D-11), Sharon MacDonell (D-56), Julie Brixie (D-73), Matt Koleszar (D-22), Jason Hoskins (D-18), Natalie Price (D-5), Betsy Coffia (D-103), Regina Weiss (D-6), Erin Byrnes (D-15) and Felicia Brabec (D-33)

Referred to the Committee on Elections

June 13, 2023

Reported without amendment

June 14, 2023

Passed in the House 56 to 53 (details)

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

The motion prevailed by voice vote

Received in the Senate

June 15, 2023

Referred to the Committee on Elections and Ethics

June 27, 2023

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 29 to 8 (details)

In the House

June 28, 2023

Returned to the Senate

Received in the Senate

June 28, 2023

Motion to reconsider by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Substitute S-1 offered by Sen. Jeremy Moss (D-7)

The substitute passed by voice vote

Passed in the Senate 29 to 8 (details)

Received in the House

June 28, 2023

Substitute S-1 concurred in 56 to 52 (details)

Signed by Gov. Gretchen Whitmer

July 19, 2023