2023 Senate Bill 79 / Public Act 17

Crimes: weapons; penalties for storing or leaving a firearm where it may be accessed by a minor; provide for.

An act to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 15 (MCL 28.435), as added by 2000 PA 265, and by adding section 9.

Official record

Introduced in the Senate

Feb. 16, 2023

Introduced by Sen. Rosemary Bayer (D-13) and 19 co-sponsors

Co-sponsored by Sens. Sam Singh (D-28), Mallory McMorrow (D-8), Mary Cavanagh (D-6), Kevin Hertel (D-12), Sue Shink (D-14), Sean McCann (D-19), Jeff Irwin (D-15), Paul Wojno (D-10), Dayna Polehanki (D-5), Stephanie Chang (D-3), Jeremy Moss (D-7), Erika Geiss (D-1), Darrin Camilleri (D-4), Kristen McDonald Rivet (D-35), 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-2

March 14, 2023

Referred to the Committee of the Whole

March 16, 2023

Reported with substitute S-3

Substitute S-3 concurred in by voice vote

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 9, following line 15, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 184 of the 102nd Legislature is enacted into law.”.

The amendment failed 17 to 20 (details)

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

Amendment offered by Rep. Donni Steele (R-54)

1. Amend page 2, line 28, by striking out all of subsection 3 and inserting “(3) If an individual violates subsection (1) or (2) by failing to store or leave a firearm in the required manner and, as a result of the violation, a minor obtains the firearm and either possesses or exhibits the firearm in a public place, or possesses or exhibits the firearm in the presence of another person in a careless, reckless, or threatening manner, and the individual knew or should have known that the minor was likely to obtain the firearm, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”.

The amendment failed 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)