2023 House Bill 4951 / Public Act 208

Criminal procedure: sentencing guidelines; sentencing guidelines and other references to certain abortion crimes; amend to reflect repeal.

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 10d of chapter II, sections 1a and 3 of chapter IV, section 6e of chapter V, section 4a of chapter IX, and sections 13k, 16d, and 16p of chapter XVII (MCL 762.10d, 764.1a, 764.3, 765.6e, 769.4a, 777.13k, 777.16d, and 777.16p), section 10d of chapter II, section 3 of chapter IV, and section 6e of chapter V as added and section 1a of chapter IV as amended by 2020 PA 394, section 4a of chapter IX as amended by 2019 PA 115, section 13k of chapter XVII as amended by 2018 PA 587, section 16d of chapter XVII as amended by 2023 PA 59, and section 16p of chapter XVII as amended by 2008 PA 467.

House Fiscal Agency Analysis

House Bills 4949 to 4959 would create a new act and amend several existing acts to revise and repeal provisions of law related to abortion services. In November 2022, Michigan voters approved Ballot Proposal 3, which added section 28 of Article I to the state constitution. Among other things, that section provides that “[e]very individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.”

Introduced in the House

Sept. 7, 2023

Introduced by Rep. Kara Hope (D-74) and 29 co-sponsors

Co-sponsored by Reps. Laurie Pohutsky (D-17), Matt Koleszar (D-22), Julie Brixie (D-73), Emily Dievendorf (D-77), Christine Morse (D-40), Natalie Price (D-5), Carol Glanville (D-84), Carrie Rheingans (D-47), Noah Arbit (D-20), Jimmie Wilson (D-32), Penelope Tsernoglou (D-75), Samantha Steckloff (D-19), Tullio Liberati (D-2), Lori Stone (D-13), Veronica Paiz (D-11), Denise Mentzer (D-61), Erin Byrnes (D-15), Kelly Breen (D-21), Phil Skaggs (D-80), Dylan Wegela (D-26), Felicia Brabec (D-33), Jim Haadsma (D-44), Rachel Hood (D-81), Jason Hoskins (D-18), Sharon MacDonell (D-56), Jennifer Conlin (D-48), Jenn Hill (D-109), Regina Weiss (D-6) and Jason Morgan (D-23)

Referred to the Committee on Health Policy

Nov. 1, 2023

Discharged from committee

Substitute H-1 offered by Rep. Kara Hope (D-74)

The substitute passed by voice vote

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 2, 2023

Referred to the Committee of the Whole

Nov. 7, 2023

Reported without amendment

Passed in the Senate 20 to 17 (details)

Signed by Gov. Gretchen Whitmer

Nov. 22, 2023