2023 House Bill 5183 / 2024 Public Act 93

Criminal procedure: sentencing guidelines; sentencing guidelines for use of a computer or similar technology to program a key code for automobile theft; 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 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 498.

AI Analysis – Experimental

The criminalization of knowingly possessing nitroglycerine, explosives, thermite, or other tools and chemicals designed for breaking into buildings, vaults, safes, or other depositories with the intent to steal, punishable by up to 10 years of imprisonment. Additionally, it introduces a specific provision for possessing such tools or substances with the intent to steal motor vehicles, punishable by up to 5 years of imprisonment. Furthermore, the legislation addresses the possession of these tools or substances as part of a criminal organization with the intent to steal more than one motor vehicle, which is punishable by up to 10 years of imprisonment.

Introduced in the House

Oct. 19, 2023

Introduced by Rep. Alabas Farhat (D-3) and 13 co-sponsors

Co-sponsored by Reps. Denise Mentzer (D-61), Nate Shannon (D-58), Joseph Aragona (R-60), Tyrone Carter (D-1), Jim Haadsma (D-44), Jimmie Wilson (D-32), Noah Arbit (D-20), Will Snyder (D-87), Tullio Liberati (D-2), Kelly Breen (D-21), Rachel Hood (D-81), Brian BeGole (R-71) and Phil Skaggs (D-80)

Referred to the Committee on Criminal Justice

March 12, 2024

Reported with substitute H-1

March 13, 2024

Substitute H-1 concurred in by voice vote

May 1, 2024

Passed in the House 89 to 16 (details)

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

The motion prevailed by voice vote

Received in the Senate

May 2, 2024

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

June 20, 2024

Reported without amendment

June 25, 2024

Referred to the Committee of the Whole

Reported without amendment

June 26, 2024

Passed in the Senate 38 to 0 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

July 23, 2024