2023 House Bill 4173 / 2024 Public Act 273

Criminal procedure: sentencing; criminal justice policy commission; create.

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 34a to chapter IX.

House Fiscal Agency Analysis

House Bills 4173 and 4384 would amend the Code of Criminal Procedure to create the Michigan Sentencing Commission in the Legislative Council and prescribe its membership, procedures, and duties. Among other things, the commission would analyze corrections-related data and develop modifications to the sentencing guidelines.

Introduced in the House

March 2, 2023

Introduced by Rep. Abraham Aiyash (D-9) and eight co-sponsors

Co-sponsored by Reps. Kara Hope (D-74), Donavan McKinney (D-14), Stephanie Young (D-16), Mike McFall (D-8), Felicia Brabec (D-33), Kelly Breen (D-21), Jimmie Wilson (D-32) and Luke Meerman (R-89)

Referred to the Committee on Criminal Justice

June 6, 2023

Reported with substitute H-2

June 13, 2023

Substitute H-2 concurred in by voice vote

June 14, 2023

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 2, line 4, after “designee” by inserting a comma and “who shall serve as a nonvoting member”.

Consideration postponed

Substitute H-5 offered by Rep. Abraham Aiyash (D-9)

The substitute passed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

The amendment failed by voice vote

Amendment offered by Rep. Abraham Aiyash (D-9)

1. Amend page 2, line 12, after the first “of” by striking out the balance of the line through “party,” on line 13 and inserting “6 names, with 3 submitted by the Michigan Association of Chiefs of Police and 3 names”.

The amendment passed by voice vote

Passed in the House 56 to 53 (details)

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

The motion prevailed by voice vote

Received in the Senate

June 15, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Dec. 5, 2024

Reported with substitute S-7

Dec. 10, 2024

Referred to the Committee of the Whole

Reported with substitute S-7

Substitute S-7 concurred in by voice vote

Dec. 20, 2024

Motion to reconsider substitute by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

The substitute not concurred in by voice vote

Passed in the Senate 21 to 17 (details)

Signed by Gov. Gretchen Whitmer

Jan. 22, 2025