A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
House Bill 5400 would amend the Michigan Penal Code to revise its hate crime provisions. The bill would add attributes (such as age, sex, sexual orientation, or disability) that violent or threatening behavior would be a hate crime if based on, distinguish between conduct and threatened conduct in prescribing penalties, provide enhanced penalties for specified elements such as prior convictions, allow a court to impose alternative sentences in certain cases, and increase the cap on damages in a civil cause of action. House Bill 5401 would make complementary changes to the sentencing guidelines in the Code of Criminal Procedure. Under current law, a person is guilty of ethnic intimidation if they maliciously do any of the following with the specific intent to intimidate or harass another individual because of their race, color, religion, gender, or national origin: • Cause physical contact with the other individual. • Damage, destroy, or deface any real or personal property of the other individual. • Threaten, by word or act, to do either of the above, if there is reasonable cause to believe that they will do so. Ethnic intimidation is a felony punishable by imprisonment for up to two years or a fine of up to $5,000, or both. A person who suffers personal injury or property damage as a result of ethnic intimidation may bring a civil cause of action against the offender for an injunction, actual damages (including damages for emotional distress), or other appropriate relief. The civil action can be brought regardless of the existence or outcome of any criminal prosecution. A plaintiff prevailing in such an action can recover damages in the amount of three times the actual damages or $2,000, whichever is greater, as well as reasonable attorney fees and costs. HB 5401 would amend the sentencing guidelines.
Introduced
by
Referred to the Committee on Judiciary
Reported without amendment
Referred to the Committee on Criminal Justice
Reported with substitute H-1
Substitute H-1 concurred in by voice vote
Passed in the House 57 to 52 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Discharged from committee
Referred to the Committee of the Whole
Reported without amendment
1. Amend page 5, line 4, after “(c)” by striking out “by not more than 20%”.
1. Amend page 5, line 27, after “that” by striking out the balance of the subdivision and inserting “the conduct will cause harm to another.”.
1. Amend page 5, following line 24, by inserting:
“(11) The act of intentionally or unintentionally referencing or referring to another individual by using pronouns that are perceived to be incorrect or nonpreferred by that individual does not constitute a hate crime.” and renumbering the remaining subsection.
1. Amend page 5, following line 24, by inserting:
“(11) An individual who makes a false report of a violation of this section is subject to prosecution as provided under section 411a.” and renumbering the remaining subsection.
The amendment failed 18 to 20 (details)
Passed in the Senate 20 to 18 (details)
