June, 2018

Statute of Limitations Extended for
Certain Criminal Sexual Conduct

2018 PA 182 (SB 871, eff. September 10, 2018) amends MCL 767.24. The legislation extends the statute of limitations for both second- and third-degree criminal sexual conduct when the victim was a minor to 15 years after the alleged offense was committed or the alleged victim’s 28th birthday, whichever is later. 

Changes to Pyramid Scheme Statutes

2018 PAs 186, 187, 188, and 189 (HBs 5726, 5727, 5728, and 5729, eff. September 11, 2018). The legislation creates the Pyramid Promotional Scheme Act, MCL 445.2581 to 445.2586, amends various statutes regarding pyramid schemes, and sets punishments for violations of the Act. 


Make Parole Criteria Objective

HB 5377 would amend MCL 791.233e and MCL 791.235 to assist Michigan’s Parole Board in making “objective, evidence-based release decisions.” The bill would require the Board to state objective substantial and compelling reasons for departures from the parole guidelines. The bill would limit objective substantial and compelling reasons for a departure to certain specified circumstances. The House passed the bill on May 30, 2018. 

Clarify that Six-Month Notice Rule
Does Not Apply to Wrongful
Imprisonment Compensation Act

SB 895 and SB 896 would amend MCL 600.6431 and MCL 600.6452 to clarify that the requirement that actions for personal injury or property damage against the state must be filed in the Court of Claims within six months of the events giving rise to the cause of action does not apply to claims brought under the Wrongful Imprisonment Compensation Act. The Senate passed the bills on June 12, 2018. 

Expand Michigan Indigent Defense
Commission and Add Partially
Indigent Defendants

HB 5985 would expand the Michigan Indigent Defense Commission from 15 to 18 members and create a new category of partially-indigent defendants. A partially-indigent defendant is one who is unable to afford the complete cost of representation but can contribute some amount toward representation. The state would receive 20 percent of the funds from partially-partially indigent defendants, while the local funding units would receive 80 percent. Among other changes to the Commission, the bill would also create new funding protocols. The bill was presented to the Governor on June 20, 2018. 

Add License Suspended by Other State to
Operation of Vehicle Causing Death
While License Suspended 

SB 330 would amend MCL 257.904 to include individuals whose licenses or registrations were suspended or revoked by other states in the crime of operating a vehicle causing death while license or registration is suspended or revoked. The bill was presented to the Governor on June 20, 2018.


Reduce Probation and
Parole Supervision Fees

HB 6148 and HB 6149 would amend various statutes to reduce probation and parole supervision fees. The bills were introduced in the House on June 12, 2018.  

Create Human Trafficking
Victim Assistance Fund

HB 6155 – 6177, 6184 would create the Human Trafficking Victim Assistance Fund. The bills would also allow setting aside convictions for crimes that occurred as a direct result of being a victim of human trafficking and establish an affirmative defense based on being a victim of human trafficking. The bills would additionally substitute “commercial sex act” for “prostitution” in a wide variety of statutes and modify several statutory references to prostitution. The bills were introduced in the House on June 13, 2018.  

by John Zevalking
Associate Editor