2024 House Bill 5401

House Fiscal Agency Analysis

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.