Michigan House Bill HB4339

Michigan 2023-2024 Regular Session

• Introduced: 3/23/23
• Refer: 3/23/23

Caption

Criminal procedure: pleas; firearm-related crimes; prohibit prosecuting attorney from amending charges in certain ways. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 222b.

Impact

The proposed amendment is significant as it seeks to streamline the prosecutorial process relative to firearm-related crimes. By preventing the alteration of charges that could obviate or diminish restrictions on firearm possession, the bill reinforces the seriousness of offenses that lead to such prohibitions. This could have a notable effect on the interpretation and handling of firearm-related charges in Michigan, particularly as it relates to public safety and gun violence prevention.

Summary

House Bill 4339 amends the Michigan penal code by introducing Section 222b, which relates to the prosecution of individuals charged with crimes that could lead to a prohibition from firearm possession. The core provision of this bill prohibits a prosecuting attorney from amending charges in a way that would permit an individual to legally possess a firearm if the amended charge would not entail a similar prohibition. This legislation aims to ensure that individuals who are charged with serious offenses resulting in a potential loss of firearm rights are not granted a loophole through amendments to their charges.

Contention

The introduction of HB4339 brings about possible contention among legal experts and advocacy groups. On one hand, supporters may argue that the bill strengthens accountability among offenders and protects public safety by ensuring that individuals who pose a potential danger remain prohibited from firearm possession. Conversely, critics may contend that this could limit prosecutorial discretion, potentially leading to injustices where individuals could be unfairly penalized or where nuanced considerations of cases could be overlooked due to rigid structure imposed by the bill.