Summaries of recently signed, recently passed, and important proposed state legislation.

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation.

Passed

Repeal Offense of Unmarried Cohabitation

SB 56 would amend MCL 750.335 to remove the offense of lewd and lascivious cohabitation. The Senate passed the bill on April 19, 2023.
 
Introduced

Establish Presumption of Inadmissibility of Self-Incriminating Statement by Juvenile Obtained by Deception

HB 4436 would amend the Probate Code by adding section 17e to chapter XII to create a presumption that statements obtained by deceptive means from a juvenile in custody are inadmissible. The presumption may be overcome by a preponderance of the evidence that the deception did not lead to the self-incriminating statement. The bill was introduced in the House on April 19, 2023. 

Create Productivity Time Credit for Persons Incarcerated in the MDOC

HB 4450 would create MCL 800.33a to provide productivity credits for incarcerated individuals who maintain enrollment in an educational or vocational program on a monthly basis. Credits could also be earned under the bill for completing various programs or obtaining a diploma. The credits would not be available for any month in which the incarcerated individual is found guilty of committing a major misconduct. The bill was introduced in the House on April 25, 2023. 

Restore Good Time Credit

HBs 4468-4471 would amend various sections of Corrections Code to restore good time credit to persons incarcerated in the MDOC. The bill was introduced in the House on April 25, 2023. 

Establish Elements of “Hate Crime”

HB 4474 would amend MCL 750.147b to establish the elements of a hate crime, which include intimidating, causing bodily injury, using force, or threatening the above to an individual based on actual or perceived characteristics of another, including race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, ethnicity, and national origin. Under the bill, a hate crime would be a five-year felony. The bill was introduced in the House on April 26, 2023. 

Create Offense of Institutional Desecration

HB 4476 would amend the Michigan Penal Code by adding MCL 760.147c to create the offense of institutional desecration, which prohibits damaging or threatening to damage a place of religious worship, a cemetery or facility for memorializing the dead, an educational facility, museum, or similar facility, or a business, including digital and online assets based on race, color, religion, sex, sexual orientation, gender identity or expression, age, ethnicity, or national origin. Institutional desecration would be a 10-year felony under the bill. The bill was introduced in the House on April 26, 2023. 

Eliminate Statute of Limitations for Certain CSC Offenses

HB 4485 would amend MCL 767.24 to include MCL 750.520c and MCL 750.520d in the list of offenses for which an indictment may be filed at any time. The bill was introduced in the House on April 27, 2023. 

Create Offense of Providing Puberty-Blocking Drugs to Minor

HB 4540 would amend the Michigan Penal Code by adding section 135b to prohibit providing a puberty-blocking drug to a minor to suppress pubertal development to assist the minor in a gender transition. The bill would also prohibit providing genital gender reassignment surgery. The offenses would be punishable by four years’ imprisonment. The bill was introduced in the House on May 9, 2023.  

John Zevalking
Associate Editor