2023 House Bill 5145 / Public Act 266

Criminal procedure: sentencing guidelines; sentencing guidelines for certain election law offenses involving materially deceptive media and intimidating an election official; 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 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83.

AI Analysis – Experimental

Specifies penalties for felonies such as petition fraud, early voting result disclosure, filing false election statements, and various forms of election misconduct, including voter intimidation, ballot tampering, and absentee ballot fraud, with penalties ranging from 2 to 5 years.

Introduced in the House

Oct. 12, 2023

Introduced by Rep. Noah Arbit (D-20) and 21 co-sponsors

Co-sponsored by Reps. Carrie Rheingans (D-47), Natalie Price (D-5), Jennifer Conlin (D-48), Ranjeev Puri (D-24), Veronica Paiz (D-11), Kara Hope (D-74), Jasper Martus (D-69), Julie Brixie (D-73), Matt Bierlein (R-97), Julie Rogers (D-41), Helena Scott (D-7), Joey Andrews (D-38), Mike McFall (D-8), Felicia Brabec (D-33), Christine Morse (D-40), Jimmie Wilson (D-32), Emily Dievendorf (D-77), Jason Morgan (D-23), Joseph Aragona (R-60), Rachel Hood (D-81) and Erin Byrnes (D-15)

Referred to the Committee on Elections

Oct. 17, 2023

Reported without amendment

Nov. 1, 2023

Passed in the House 58 to 52 (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 on Elections and Ethics

Nov. 8, 2023

Reported without amendment

Nov. 9, 2023

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Passed in the Senate 20 to 16 (details)

Received in the House

Nov. 9, 2023

Substitute S-1 concurred in 58 to 48 (details)

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023