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2015 House Bill 4713: Require “culpable mental state” for criminal conviction

Public Act 250 of 2015

Introduced by Rep. Ed McBroom R-Vulcan on June 11, 2015
To establish that if a law does not indicate whether a “culpable mental state” (“mens rea”) is required to establish guilt, the presumption will be that this is required, meaning that prosecutors must show that the defendant violated the law “purposely, knowingly or recklessly.” This would not be the case if a law explicitly imposes a “strict liability” standard. Under current law, many complex “administrative” offenses authorize criminal penalties for actions that a regular person would not know are illegal. However, the bill would not apply to illegal drug laws or offenses listed in the state penal code, which cover actions that reasonable people already recognize as wrongful or know are illegal.   Official Text and Analysis.
Referred to the House Oversight and Ethics Committee on June 11, 2015
Reported in the House on September 24, 2015
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered by Rep. Ed McBroom R-Vulcan on September 30, 2015
To replace the previous version of the bill with one that revises details but does not change the substance as previously described.
The substitute passed by voice vote in the House on September 30, 2015
Received in the Senate on October 6, 2015
Referred to the Senate Judiciary Committee on October 6, 2015
Reported in the Senate on December 10, 2015
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Received in the House on December 15, 2015
To concur with the Senate-passed version of the bill.
Signed by Gov. Rick Snyder on December 22, 2015

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