2023 Senate Bill 80 / Public Act 16

Crimes: weapons; sentencing guidelines reference; update.

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 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.

House Fiscal Agency Analysis

Senate Bills 79 to 82 do all of the following: • Require an individual to keep a firearm being stored or left unattended on a premises unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that a minor is or is likely to be present on the premises. (SB 79) • Establish penalties for a violation based on the consequences of a minor’s obtaining the firearm as a result. (SB 79) • Provide exceptions to those requirements and penalties. (SB 79) • Require the Department of Health and Human Services to inform the public of the bill’s penalties in consultation with the Department of the Attorney General, publish lethal means counseling literature, and provide that literature to federally licensed firearms dealers. (SB 79) • Include the new felony offenses in the sentencing guidelines. (SB 80) • Exempt firearm safety devices from sales and use taxes through 2024 and require a notice of that exemption to be posted where firearms are sold. (SBs 81 and 82)

Introduced in the Senate

Feb. 16, 2023

Introduced by Sen. Kristen McDonald Rivet (D-35) and 19 co-sponsors

Co-sponsored by Sens. Rosemary Bayer (D-13), Sam Singh (D-28), Mary Cavanagh (D-6), Kevin Hertel (D-12), Mallory McMorrow (D-8), Sue Shink (D-14), Sean McCann (D-19), Jeff Irwin (D-15), Paul Wojno (D-10), Dayna Polehanki (D-5), Jeremy Moss (D-7), Stephanie Chang (D-3), Erika Geiss (D-1), Darrin Camilleri (D-4), John Cherry (D-27), Veronica Klinefelt (D-11), Sylvia Santana (D-2), Winnie Brinks (D-29) and Sarah Anthony (D-21)

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

March 9, 2023

Reported with substitute S-1

March 14, 2023

Referred to the Committee of the Whole

March 16, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Passed in the Senate 20 to 17 (details)

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

The motion did not prevail by voice vote

Received in the House

March 21, 2023

Referred to the Committee on Judiciary

March 22, 2023

Reported with substitute H-1

Substitute H-1 concurred in by voice vote

Substitute H-2 offered by Rep. Felicia Brabec (D-33)

The substitute passed by voice vote

Passed in the House 61 to 47 (details)

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

The motion prevailed by voice vote

Received in the Senate

March 23, 2023

Substitute H-2 concurred in 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

April 13, 2023