Criminal procedure: pleas; felony firearm crimes; prohibit pleading charge down. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 222b.
Impact
The implementation of HB 4827 is anticipated to have significant implications on criminal procedure within the state. It clearly delineates the responsibilities of prosecuting attorneys when it comes to managing charges involving firearm possession. By preventing the amending of such charges, the bill aims to uphold stricter enforcement of laws surrounding firearms and protect public safety, as it seeks to ensure that individuals disqualified from possession due to criminal behavior cannot regain that right through plea bargaining practices.
Summary
House Bill 4827 introduces an amendment to Michigan's penal code, specifically adding section 222b to ensure that prosecuting attorneys cannot amend charges in a way that would allow individuals to legally possess firearms if a conviction for the amended charge does not prohibit such possession. This law specifically targets individuals charged with felony firearm crimes or related violations. The legislation aims to maintain the integrity of firearm possession laws by closing loopholes that could enable individuals who were charged with serious offenses to circumvent restrictions imposed by prior convictions.
Contention
However, the bill may face contention regarding its impact on judicial discretion and the rights of individuals charged with crimes. Critics might argue that preventing charge amendments could lead to harsher penalties and limit the ability of defense attorneys to negotiate plea deals that could result in lesser charges. Proponents of the bill, on the other hand, assert that it is necessary to prevent potential exploitations of legal technicalities that could otherwise allow those with serious felony charges to retain firearm access, thus prioritizing community safety over individual bargaining power.
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.
Weapons: firearms; sale, manufacture, or possession of a firearm disguised to resemble a toy; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 224g.
Weapons: firearms; sale, manufacture, or possession of a firearm disguised to resemble a toy; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 410d.
Weapons: firearms; possession or distribution of a firearm or ammunition; prohibit under certain circumstances. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 224g.
Crimes: penalties; penalties for discharging a firearm at a motor vehicle; increase fines if a minor is in the vehicle. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 234g.
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.