Criminal procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.
Impact
If passed, this bill would reinforce Michigan's legal framework by explicitly prohibiting defenses that rely on a victim's sexual orientation or gender identity. It would add a new section (21d) to Chapter VIII of the criminal procedure laws, fundamentally altering how such cases are approached by the judiciary. The law aims to reduce biases within legal defenses that can lead to unjust outcomes in cases involving LGBTQ+ individuals, signaling a commitment towards equitable treatment within the legal system.
Summary
House Bill 4718 seeks to amend existing criminal procedure laws in Michigan, specifically by making provisions surrounding the use of a victim's sexual orientation or gender identity as a defense in criminal cases inadmissible in court. This amendment aims to ensure that evidence related to an individual's sex, gender identity, gender expression, or sexual orientation cannot be used to justify acts of violence or to mitigate the responsibility of the accused. The act signifies a progressive step in protecting the rights of individuals affected by crimes based on hate and discrimination.
Sentiment
The sentiment surrounding HB 4718 appears largely supportive among advocacy groups and individuals concerned with civil rights and equality. Proponents argue that legislation like this is essential for ensuring justice for marginalized populations and is an important step towards broader societal acceptance. However, there may also be pockets of opposition focused on concerns about the implications for defendants' rights, with arguments centering on the integrity and fairness of the legal process in terms of allowing all possible defenses.
Contention
Notable points of contention surrounding HB 4718 include debates over individual rights versus community protections, and the broader implications of excluding certain defenses. Critics might argue that such prohibitions could hinder the ability of a defendant to present a complete case, thereby undermining the fair trial principle. The discussions around this bill stress the importance of balancing protections against discrimination with the rights of accused individuals to defend themselves in court.
Criminal procedure: sentencing guidelines; guidelines for offenses under the extreme risk protection order act; enact. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 15e to ch. XVII. TIE BAR WITH: SB 0083'23
Criminal procedure: defenses; defense to criminal sexual conduct charges based solely on mental incapacitation of the victim if the victim is the actor's spouse; repeal. Amends sec. 520l of 1931 PA 328 (MCL 750.520l).
Crime victims: other; information sharing by law enforcement of victim contact information with survivor programs; allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21b to ch. XVI.
Criminal procedure: sentencing guidelines; sentencing guidelines for crime of institutional desecration and causing vulnerable adult to provide sexually explicit visual material; provide for. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 4320'23, HB 4476'23
Criminal procedure: statute of limitations; statute of limitations for certain criminal sexual conduct violations; eliminate. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
Criminal procedure: sentencing guidelines; sentencing guidelines for sexual extortion and aggravated sexual extortion; provide for. Amends sec. 16l, ch. XVII of 1927 PA 175 (MCL 777.16l).
Weapons: firearms; references in sentencing guidelines; update. Amends secs. 11b & 16m, ch. XVII of 1927 PA 175 (MCL 777.11b & 777.16m). TIE BAR WITH: HB 4138'23
Insurance: insurers; denying coverage based on gender, gender identity, or sexual orientation or expression; prohibit. Amends sec. 2027 of 1956 PA 218 (MCL 500.2027).
Crimes: criminal sexual conduct; sexual extortion and aggravated sexual extortion; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 213b.
Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.