Summaries of signed, passed, and proposed state legislation
PASSED
Repeal Offense of Procuring Miscarriage (Abortion)
HB 4006 would amend the penal code by repealing MCL 750.14, which penalizes the procurement of miscarriage (abortion) as manslaughter. The House passed the bill on March 2, 2023, and the Senate passed the bill on March 8, 2023.
Repeal Offense of Sale of Drugs to Procure Miscarriage
SB 93 would repeal MCL 750.15, which criminalizes the sale of drugs or medicine to procure an abortion. The Senate passed the bill on March 8, 2023.
Create Penalty for Leaving Firearm Accessible to Minor
SB 79 would amend MCL 28.429 to create the offense of leaving a firearm accessible to a minor. To comply with the bill, an individual must follow certain measures to make the firearm inaccessible. The offense would be a misdemeanor. It would be a felony if a minor accesses and uses the firearm in certain ways. The Senate passed the bill on March 16, 2023.
INTRODUCED
Create Offense of Intimidating an Election Official
HB 4129 would amend Michigan election law (MCL 168.1 to 168.992) by adding section 931b to create the felony offense of intimidating an election official or preventing an election official from performing their duties. The bill was introduced in the House on February 22, 2023.
Allow Parole of Offenders Who Were Under 19 Years of Age
HB 4160 would amend MCL 791.234 to provide the parole board with jurisdiction over offenders who committed their offenses when less that 19-years-old and were sentenced to life without parole or a term of years for certain offenses after the offender has served ten years of their sentence. Those offenders who come under the jurisdiction of the parole board would be eligible for parole. In assessing parole, the board would be required to consider certain factors relevant to the youth of the offender. The bill was introduced in the House on March 2, 2023. SB 120, with similar language, was introduced in the Senate on March 1 2023.
Create Criminal Justice Policy Commission
HB 4173 would amend the Code of Criminal Procedure by adding sections 34a and 34b to section IX to create the Criminal Justice Policy Commission. The commission would serve a number of functions from reviewing the sentencing guidelines ranges for equity across populations (and other factors) to reviewing prison population and capacity to analyzing how misdemeanor sentences and the detention of defendants pending trial affect local jails. The bill was introduced in the House on March 2, 2023.
Prohibit Open Carry of Assault Weapon in Certain Places
HB 4205 would amend the Michigan Penal Code by adding section 234g to prohibit openly carrying an assault weapon within 1,000 feet of a government building, courthouse, or school. The first two offenses under the bill would be misdemeanors; a third offense would be a felony. The bill was introduced in the House on March 7, 2023.
Create Offense of Procuring Gender Transition for a Child
HB 4257 would amend MCL 750.136b expand child abuse in the first degree to include a parent or guardian who knowingly consents to, obtains, or assist with a gender transition treatment for an individual under the age of 18. First degree child abuse is punishable by imprisonment for life or any term of years. The bill was introduced in the House on March 9, 2023.
John Zevalking
Associate Editor
Current Articles
- Reconciling the irreconcilable: Recent state and federal court opinions involving 2021 SORA
- Improving the agent’s description of the offense in the Presentence Report (especially when it comes to acquitted conduct)
- Summer 2025 Fellowships available through the Black Public Defender Association
- SADO is a 2024 Top Michigan Workplace
- Keeley Blanchard is the new MAACS Administrator
- The CDRC Expands!
- SADO seeks summer interns
- SADO expands to unprecedented levels
- SADO and MAACS Attorneys to argue before MSC at October session
- Opinion: Judge used legal system to mistreat a child
Subscriber Comments