April 2022

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

 
INTRODUCED

Modify Eligibility for Drug Court

HB 5868 would amend MCL 600.1064 to remove the requirement that participants must not be violent offenders to be eligible for drug court. The bill was introduced in the House on March 2, 2022. 

Modify Definition of Lawful Carry
of Concealed Weapon

HB 5883 would amend MCL 750.227 to change the concealed carry statute to apply to concealed pistols only and to make a violation a 2-year felony, not a 5-year felony. The bill was introduced in the House on March 8, 2022. 

Eliminate 2-Year Mandatory Minimum for
First Felony Firearm

HB 5908 would amend MCL 750.227b to eliminate the mandatory two-year consecutive sentence for felony firearm when a person possesses a firearm during a felony but does not use the firearm in committing the felony; under the bill, a first felony-firearm conviction would be punishable by imprisonment for not more than two years. The bill was introduced in the House on March 15, 2022. 

Require Courts to Provide Expungement
Information at Sentencing

HB 5915 would amend the Code of Criminal Procedure by adding section 2b to chapter IX to require courts to provide expungement information at sentencing for a felony or misdemeanor. The bill was introduced in the House on March 16, 2022. 

Require Notice of Automatic Expungement

HB 5916 would amend MCL 780.622 to require the attorney general to provide notice of automatic expungement to an individual whose conviction was automatically set aside within 45 days of the set aside. The bill was introduced in the House on March 16, 2022. 

Include Gender Identity and
Sexual Orientation in
Definition of Ethnic Intimidation

SB 967 would amend MCL 750.147b to include gender identity and sexual orientation in the definition of ethic intimidation. The bill was introduced in the Senate on March 17, 2022. 

by John Zevalking
Associate Editor