December, 2018

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.  

SIGNED

Definition of “Victim” for Purposes of
Impact Statements Expanded

2018 PA 370 (HB 5798, effective March 17, 2019) amends MCL 780.752 and related statutes to expand the definition of “victim” for the purposes of making victim impact statements to include spouses, children, siblings, and grandparents of the victim of the offense.

Evidence of Other Acts of
Sexual Assault Allowed

2018 PA 372 (HB 5658, effective March 17, 2019) amends MCL 768.27b, which allows admission of evidence of other acts of domestic violence in a criminal action for domestic violence, to also allow admission of evidence of other acts of sexual assault in a criminal action for sexual assault. 

Penalty for Aggravated Possession of
Child Sexually Abusive Material Increased

2018 PA 373 (HB 5660, effective March 17, 2019) amends MCL 750.145c to increase the penalty for aggravated possession of child of sexually abusive material from imprisonment for no more than four years to no more than ten years under certain circumstances. 

Crime of Aggravated Production of
Child Sexually Abusive Material Created

2018 PA 375 (HB 5794, effective March 17, 2019) amends MCL 750.145g to create the crime of aggravated production, financing, or distribution of child sexually abusive material punishable by imprisonment for no more than 25 years. 

PASSED

Make Legislative Corrections Ombudsman’s
Records Confidential

HB 6397 would amend the MCL 4.359 and related statutes to make the Legislative Corrections Ombudsman’s records confidential, privileged, not subject to discovery, and exempt from FOIA. The bill, which also clarifies certain investigative procedures, was passed by the House on November 29, 2018. 

Change Membership of MIDC

SB 1187 would amend MCL 780.987 to increase the number of members representing the Michigan Association of Counties and make other changes to the makeup of the Michigan Indigent Defense Commission. The Senate passed the bill on November 29, 2018.

Expand Definition of
Financial Gain from Racketeering

HB 6256 would amend MCL 750.159g to include money, property, or any other thing of value in the definition of financial gain from racketeering. The House passed the bill on December 5, 2018.

Create Child Abuse Offenders Registry

SB 261, SB 262, and SB 263 would create the child abuse offenders registry, provide sentencing guidelines for violations of the registry, and require registration of certain child abuse offenders. The Senate passed the bills on December 6, 2018. 

Enhance Penalties for Animal Cruelty

HB 4332 and HB 4333 would amend MCL 750.50, MCL 750.50b, and various statutes in the code of criminal procedure to enhance penalties for crimes against animals and establish sentencing guidelines for animal cruelty. The Senate passed the bills on December 13, 2018.

Prohibit and Penalize Cyberbullying

HB 5017 and HB 5018 would create MCL 750.411x and amend MCL 777.16t to prohibit and establish sentencing guidelines for cyberbullying. The Senate passed the bills on December 13, 2018.

INTRODUCED

Restore Good Time,
Eliminate Disciplinary Credit

SB 1142 and SB 1143 would amend MCL 800.33 and several sections of the corrections code to restore good time and to eliminate disciplinary credits and disciplinary time. The bills were introduced in the Senate on November 8, 2018. 

Expand Crime of Assaulting Professionals to
Include Pharmacists

SB 1152 would amend MCL 750.81d to include pharmacists and pharmacy technicians under the offense of assaulting, battering, wounding, resisting, obstructing, opposing or endangering persons performing their duties. The bill was introduced in the Senate on November 8, 2018.

Allow Prisoners Convicted of Certain
Marijuana Offenses to Petition for Release

HB 6508 would enact the “marihuana violation sentence reduction act,” which would allow prisoners convicted for certain offenses of possession, use, or distribution marijuana that have been entirely decriminalized to petition for release from incarceration. The bill was introduced in the House on November 27, 2018.

Allow Expungement of Record of
Possession of Marijuana

SB 1200 would amend MCL 780.261 to allow for expungement of possession of marijuana offenses, MCL 333.7403(2)(d). The bill was introduced in the Senate on November 27, 2018.

Create a Centralized Juvenile Justice
Data Sharing System

HB 6557 would create and set the implementation procedures for a centralized juvenile justice data sharing system. The bill was introduced in the House on November 29, 2018.

by John Zevalking
Associate Editor