2013 Senate Bill 319 / 2014 Public Act 22

Repeal mandatory life sentences for minors

Introduced in the Senate

April 16, 2013

Introduced by Sen. Rick Jones (R-24)

To repeal Michigan’s mandatory life sentence with no chance of parole for certain very serious crimes committed by minors, and replace it with a system in which prosecutors could request a genuine lifetime sentence where the offense was aggravated by certain specific factors listed in the bill. If the court denies the petition, or if none is filed, minors convicted of these very serious crimes could still be sentenced to life with no chance of parole for 45 years. See this Senate Fiscal Agency <a href="http://www.senate.michigan.gov/sfa/Departments/DepartmentPublications/CorrJuvenileLifersMemo.pdf">memo</a> on the recent U.S. Supreme Court decision in Miller v Alabama ruling and its application to Michigan law.

Referred to the Committee on Judiciary

Sept. 19, 2013

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Oct. 23, 2013

Amendment offered

To adopt a substitute that specifies a new sentencing regime; see Senate-passed bill.

The amendment passed by voice vote

Oct. 24, 2013

Amendment offered by Sen. Bert Johnson (D-2)

To make the proposed repeal of mandatory life sentences for minors retroactive.

The amendment failed 8 to 28 (details)

Passed in the Senate 36 to 0 (details)

To repeal Michigan’s mandatory life sentence with no chance of parole for certain very serious crimes committed by minors, and replace it with a system in which prosecutors could request a genuine lifetime sentence. If this request was not made or denied, a judge would have to impose a minimum sentence of between 25 and 40 years, and a maximum of at least 60 years. These provisions would only apply prospectively, to cases still open as of the U.S. Supreme Court's Miller v Alabama decision in June, 2012.

Received in the House

Oct. 29, 2013

Referred to the Committee on Criminal Justice

Dec. 4, 2013

Amendment offered

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Consideration postponed

Feb. 4, 2014

Substitute offered

The substitute failed by voice vote

Substitute offered by Rep. Klint Kesto (R-39)

To replace the previous version of the bill with one that included provisions anticipating a future court ruling requiring current prisoners in this class to get a parole hearing.

The substitute passed by voice vote

Amendment offered by Rep. Brian Banks (D-1)

To make the bill's provisions apply retroactively to current prisoners in this class.

The amendment failed by voice vote

Amendment offered by Rep. Kurt Heise (R-20)

To remove the "tie bar" linkage between this bill and Senate Bill 318.

The amendment passed by voice vote

Passed in the House 62 to 48 (details)

To revise the sentencing guidelines related to Michigan's mandatory life sentence with no chance of parole for certain very serious crimes committed by minors. Life without parole would no longer be automatic in these cases but prosecutors could request it. Otherwise, the minimum sentence would be 25 to 40 years, and the maximum at least 60 years. These provisions would only apply prospectively, to cases still open as of the U.S. Supreme Court's Miller v Alabama decision in June, 2012. Language in the bill would apply the new standard retroactively to the approximately 350 current prisoners in this category if future court rulings require this.

Received in the Senate

Feb. 5, 2014

Feb. 12, 2014

Passed in the Senate 28 to 10 (details)

Signed by Gov. Rick Snyder

March 4, 2014