A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.
The bills specify that hate crimes occur when an individual maliciously and intentionally inflicts harm on another based on characteristics such as race, religion, sex, sexual orientation, gender identity, disability, age, ethnicity, or national origin, covering acts of physical violence, stalking, and property damage. Convictions could lead to felony charges, with penalties of up to 5 years in prison or a $5,000 fine, or both, and enhanced penalties of up to 10 years in prison or a $10,000 fine, or both, for more severe violations. The bill introduces alternative sentencing options, including community service aimed at enhancing the offender's understanding of the crime's impact, with the possibility of reducing penalties by up to 20% under certain conditions. Additionally, it allows for consecutive sentencing for crimes arising from the same transaction and provides for civil actions by victims, with potential damages of 3 times the actual damages or $25,000, whichever is greater, plus attorney fees and costs. The bill also clarifies that it does not restrict constitutional free speech rights and that misuse of pronouns, without malicious intent, does not constitute a hate crime.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
