June, 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.

PASSED

Prohibit Sale of Devices Used
Specifically for Inhaling Nitrous Oxide

SB 996 would amend MCL 333.7453 to prohibit the sale of a device specifically designed for inhaling nitrous oxide knowing that the device was so designed. Under the bill, notice would be given before an arrest. Violation of the prohibition would be a 90-day misdemeanor. The Senate passed the bill on April 20, 2022. HB 5982, an identical bill, was introduced in the House on April 12, 2022.
INTRODUCED

Create Offense of Sending
Unsolicited Sexually Explicit Depictions 

HB 5986 would amend the Michigan Penal Code by adding section 335b to create the offense of engaging in a course of conduct of sending unsolicited or nonconsensual sexually explicit videos or images to another. The offense would be a 90-day misdemeanor. The bill was introduced in the House on April 12, 2022. 

Create the Restorative Justice
Practices Enabling Act

HB 5987 would create the Restorative Justice Practices Enabling Act to facilitate mediation between an offender and a victim to create a “repair plan agreement.” Participation in the facilitation would be voluntary. If restorative justice facilitation in conjunction with a criminal or juvenile case, the mediator may provide a copy of the agreement to the court before sentencing, and the judge may consider that agreement when fashioning a sentence. The bill was introduced in the House on April 12, 2022. 

Allow Certain Hearsay in
Human Trafficking Cases

SB 1015 would amend MCL 768.27c to allow certain out-of-court statements in human trafficking or sexual commercial activity trials under the same terms as those the statute already allows in cases of domestic violence. The bill was introduced in the Senate on April 21, 2022.
 
Allow Pre-Charge Diversion Programs
for Suspected Drug Offenders

SB 1027 would amend the Code of Criminal Procedure by adding section 21b to allow a prosecutor’s office, a law enforcement agency, and a social welfare agency to work together to establish a supervision program that diverts persons who are suspected of drug crimes away from prosecution and before the filing of charges. The bill was introduced in the Senate on May 5, 2022.

by John Zevalking
Associate Editor