Michigan 2023-2024 Regular Session

Michigan House Bill HB4258

Introduced
3/9/23  

Caption

Crimes: penalties; references to crime of child abuse; modify in the code of criminal procedure. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12). TIE BAR WITH: HB 4257'23

Impact

The implementation of HB 4258 would have a significant impact on existing statutes related to sentencing in Michigan. By establishing a mandatory minimum of 25 years for individuals who are repeat offenders of serious crimes, this policy could lead to an increase in the prison population as well as longer incarceration periods for repeat offenders. Critics of the bill might argue that it does not take into consideration the circumstances surrounding each case, potentially leading to disproportionate sentencing that could exacerbate issues within the criminal justice system. Especially when considering offenders may have varied reasons for their previous convictions, such blanket policies could present challenges for rehabilitation.

Summary

House Bill 4258 seeks to amend the Michigan Criminal Procedure Code by revising the punishment guidelines for individuals with multiple felony convictions. The bill focuses specifically on the consequences for repeat offenders who commit new felonies after having been previously convicted of three or more felonies. Under the new guidelines proposed in this bill, if a person is convicted of a subsequent felony that is classified as a serious crime or a conspiracy to commit such a crime, the minimum sentence would be increased to at least 25 years of imprisonment if they have listed prior felonies. This change aims to deter recidivism by imposing stricter sentences on repeat offenders.

Contention

A notable point of contention surrounding HB 4258 is the balance between public safety and the fair treatment of offenders. Advocates for harsher penalties argue that increasing sentences for repeat felons serves to protect the community and deter future crimes. Conversely, opponents raise concerns that over-incarceration and prolonged sentences may not address the root causes of criminal behavior, particularly regarding issues such as substance abuse and mental health. Additionally, the amendment ties its enactment to the passage of another legislative measure (HB 4257), indicating that discussions around the interconnectedness of criminal justice reforms are ongoing.

Companion Bills

MI HB4257

Same As Crimes: penalties; penalties for parents or guardians who procure gender transition surgeries or irreversible hormonal procedures for children under 18; provide for. Amends sec. 136b of 1931 PA 328 (MCL 750.136b).

Similar Bills

MI HB5195

Insurance: other; penalties for fraudulent insurance acts; increase. Amends sec. 4511 of 1956 PA 218 (MCL 500.4511).

MI HB4918

Crimes: assaultive; assault or battery of certain vehicle operators and employees; prohibit under certain circumstances, and provide for penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 81g.

MI SB0863

Corrections: prisoners; code of criminal procedure; update to reflect creation of productivity credits. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12). TIE BAR WITH: SB 0861'24

MI HB4451

Corrections: prisoners; code of criminal procedure; update to reflect creation of productivity credits. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12). TIE BAR WITH: HB 4450'23

MI HB5836

Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand. Amends sec. 1 of 1965 PA 213 (MCL 780.621).

MI HB4956

Criminal procedure: expunction; reference to crime of partial birth abortion; remove to reflect repeal. Amends sec. 1 of 1965 PA 213 (MCL 780.621). TIE BAR WITH: HB 4949'23

MI HB4471

Criminal procedure: sentencing; code of criminal procedure; eliminate reference to disciplinary time. Amends secs. 12 & 31, ch. IX & sec. 17f, ch. XVII of 1927 PA 175 (MCL 769.12 et seq.). TIE BAR WITH: HB 4470'23

MI HB5225

Crimes: weapons; penalties for intentionally discharging a firearm from vehicle or at a dwelling or a potentially occupied structure; increase. Amends sec. 234b of 1931 PA 328 (MCL 750.234b).