2024 House Bill 5878

Criminal procedure: sentencing guidelines; sentencing guidelines; update.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2023 PA 22.

Mackinac Center Analysis

HB 5877 creates a public registry for persons convicted of specific animal-related offenses. The primary objective is to prevent these individuals from owning, possessing, using, buying, selling, offering to buy or sell, importing, exporting, or handling animals during their registry period. The bill outlines various offenses that would necessitate registration, including animal abuse, cruelty, torture, and fighting, as defined under the Michigan Penal Code and other related statutes. The registry will be maintained by the Department of State Police and will include detailed information about the offenders, such as their legal names, aliases, Social Security numbers, dates of birth, photographs, and summaries of their convictions. The public website will display limited information, excluding sensitive data like Social Security numbers and residential addresses. The bill also specifies that individuals convicted of misdemeanors will be listed for two years, while those convicted of felonies will be listed for five years, with longer durations for repeat offenders, up to a lifetime ban for those with multiple felony convictions. The legislation introduces significant changes to existing laws by adding new sections to the Michigan Penal Code and other related statutes. It also provides mechanisms for individuals to petition for removal from the registry or restoration of their rights under certain conditions, such as completing a certified animal abuse treatment program and maintaining a clean record for a specified period. The legislation would only take effect if approved by a majority of voters on the November 2024 general election ballot.

HB 5878 establishes a 2-year maximum prison sentence for persons who are required to register but fail to comply on second and subsequent offenses.

Introduced in the House

June 27, 2024

Introduced by Rep. Jasper Martus (D-69)

Referred to the Committee on Criminal Justice