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,” (MCL 760.1 to 777.69) by adding section 21d to chapter VIII.
House Bill 4718 would amend the Code of Criminal Procedure to prohibit the so-called “LGBTQ panic” defense in Michigan. The bill would provide that knowing or learning about the gender, gender identity or expression, or sexual orientation of an individual is not a justification for using force against them and does not meet criteria necessary for the act to be considered voluntary manslaughter (as opposed to murder) or to raise a defense of insanity.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
Reported without amendment
Passed in the House 56 to 53 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported with substitute S-1
Referred to the Committee of the Whole
Reported with substitute S-1
Substitute S-1 concurred in by voice vote
1. Amend page 2, line 5, after “orientation.” by inserting “This subsection does not apply unless the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation was the sole or exclusive basis for the use of force.”.
The amendment failed 18 to 20 (details)
Passed in the Senate 24 to 14 (details)
Substitute S-1 concurred in 56 to 54 (details)
