2023 House Bill 4148 / Public Act 36

Criminal procedure: sentencing guidelines; guidelines for offenses under the extreme risk protection order act; enact.

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,” (MCL 760.1 to 777.69) by adding section 15e to chapter XVII.

Introduced in the House

Feb. 28, 2023

Introduced by Rep. Stephanie Young (D-16) and 44 co-sponsors

Co-sponsored by Reps. Christine Morse (D-40), Phil Skaggs (D-80), Julie Rogers (D-41), Julie Brixie (D-73), Carrie Rheingans (D-47), Carol Glanville (D-84), Cynthia Neeley (D-70), Noah Arbit (D-20), Felicia Brabec (D-33), Rachel Hood (D-81), Natalie Price (D-5), Jasper Martus (D-69), Dylan Wegela (D-26), Laurie Pohutsky (D-17), Erin Byrnes (D-15), Kara Hope (D-74), Jason Morgan (D-23), Sharon MacDonell (D-56), Ranjeev Puri (D-24), Lori Stone (D-13), Regina Weiss (D-6), Jason Hoskins (D-18), Veronica Paiz (D-11), Helena Scott (D-7), Donavan McKinney (D-14), Matt Koleszar (D-22), Denise Mentzer (D-61), Kimberly Edwards (D-12), Kristian Grant (D-82), Brenda Carter (D-53), Amos O’Neal (D-94), Tyrone Carter (D-1), Penelope Tsernoglou (D-75), Emily Dievendorf (D-77), Jimmie Wilson (D-32), Samantha Steckloff (D-19), Will Snyder (D-87), Kelly Breen (D-21), Jennifer Conlin (D-48), John Fitzgerald (D-83), Karen Whitsett (D-4), Alabas Farhat (D-3), Mike McFall (D-8) and Abraham Aiyash (D-9)

Referred to the Committee on Judiciary

April 12, 2023

Reported with substitute H-2

April 13, 2023

Substitute H-2 concurred in by voice vote

Passed in the House 56 to 51 (details)

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

The motion prevailed by voice vote

Received in the Senate

April 19, 2023

Referred to the Committee of the Whole

Reported with amendment

1.

Amend page 2, line 26, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 83 of the 102nd Legislature is enacted into law.”.

Amendment concurred in by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

April 19, 2023

April 26, 2023

Amendment concurred in 56 to 52 (details)

Signed by Gov. Gretchen Whitmer

May 22, 2023