2024 House Bill 5888 / Public Act 262

Criminal procedure: sentencing guidelines; sentencing guidelines for sexual extortion and aggravated sexual extortion; provide for.

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 16l of chapter XVII (MCL 777.16l), as amended by 2016 PA 150.

AI Analysis – Experimental

House Bill No. 5888 seeks to amend Section 16l of Chapter XVII of the Code of Criminal Procedure (1927 PA 175), specifically modifying the Michigan Compiled Laws (MCL 777.16l) as previously amended by 2016 PA 150. The bill outlines various felony classifications and their corresponding maximum sentences, focusing on crimes such as extortion, impersonation of officials, false pretenses, telecommunications fraud, and residential mortgage fraud. Notably, it introduces new categories and penalties for extortion involving sexually explicit visual material, with escalating penalties for repeat offenses and certain aggravating factors. Additionally, the bill addresses impersonation crimes, including impersonating peace officers, public utility employees, and health professionals, with varying degrees of severity based on the nature and recurrence of the offense. The legislation does not specify new funding allocations or financial figures directly within its text. However, it implies a need for judicial and law enforcement resources to implement and enforce the updated classifications and penalties. The bill also stipulates that its enactment is contingent upon the passage of related legislation, specifically Senate Bill No. ____ or House Bill No. 5887 of the 102nd Legislature.

Introduced in the House

June 27, 2024

Introduced by Rep. Kara Hope (D-74) and 25 co-sponsors

Co-sponsored by Reps. John Fitzgerald (D-83), Jenn Hill (D-109), Julie Brixie (D-73), Sharon MacDonell (D-56), Carrie Rheingans (D-47), Mai Xiong (D-13), Noah Arbit (D-20), Joey Andrews (D-38), Brenda Carter (D-53), Erin Byrnes (D-15), Jim Haadsma (D-44), Carol Glanville (D-84), Penelope Tsernoglou (D-75), Emily Dievendorf (D-77), Felicia Brabec (D-33), Jasper Martus (D-69), Phil Skaggs (D-80), Jimmie Wilson (D-32), Jennifer Conlin (D-48), Samantha Steckloff (D-19), Mike McFall (D-8), Denise Mentzer (D-61), Kelly Breen (D-21), Jason Morgan (D-23) and Julie Rogers (D-41)

Referred to the Committee on Criminal Justice

Dec. 10, 2024

Reported with substitute H-1

Dec. 13, 2024

Substitute H-1 concurred in by voice vote

Passed in the House 56 to 0 (details)

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

The motion prevailed by voice vote

Received in the Senate

Dec. 18, 2024

Referred to the Committee on Government Operations

Dec. 20, 2024

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 38 to 0 (details)

Signed by Gov. Gretchen Whitmer

Jan. 22, 2025