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,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2023 PA 278.
House Bill 5400 would amend the Michigan Penal Code to revise its hate crime provisions. The bill would add attributes (such as age, sex, sexual orientation, or disability) that violent or threatening behavior would be a hate crime if based on, distinguish between conduct and threatened conduct in prescribing penalties, provide enhanced penalties for specified elements such as prior convictions, allow a court to impose alternative sentences in certain cases, and increase the cap on damages in a civil cause of action. House Bill 5401 would make complementary changes to the sentencing guidelines in the Code of Criminal Procedure. Under current law, a person is guilty of ethnic intimidation if they maliciously do any of the following with the specific intent to intimidate or harass another individual because of their race, color, religion, gender, or national origin: • Cause physical contact with the other individual. • Damage, destroy, or deface any real or personal property of the other individual. • Threaten, by word or act, to do either of the above, if there is reasonable cause to believe that they will do so. Ethnic intimidation is a felony punishable by imprisonment for up to two years or a fine of up to $5,000, or both. A person who suffers personal injury or property damage as a result of ethnic intimidation may bring a civil cause of action against the offender for an injunction, actual damages (including damages for emotional distress), or other appropriate relief. The civil action can be brought regardless of the existence or outcome of any criminal prosecution. A plaintiff prevailing in such an action can recover damages in the amount of three times the actual damages or $2,000, whichever is greater, as well as reasonable attorney fees and costs. HB 5401 would amend the sentencing guidelines.
Introduced
by
Referred to the Committee on Judiciary
Reported without amendment
Referred to the Committee on Criminal Justice
Reported with substitute H-1
Substitute H-1 concurred in by voice vote
Passed in the House 57 to 52 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Discharged from committee
Referred to the Committee of the Whole
Reported without amendment
Passed in the Senate 20 to 17 (details)
