Michigan House Bill HB5092

Michigan 2023-2024 Regular Session

• Introduced: 10/4/23
• Refer: 10/4/23

Caption

Criminal procedure: other; violation of tampering with utility shut-off procedures; decriminalize under certain circumstances. Amends title & secs. 282 & 383a of 1931 PA 328 (MCL 750.282 & 750.383a).

Impact

If passed, HB5092 would significantly alter how the state approaches cases of utility tampering. Instead of all such actions leading to criminal charges, the law would differentiate between minor, intentional infractions and more severe violations. This could relieve some legal burden from individuals restoring utility services to their homes, particularly those experiencing financial difficulties. For instance, restoring water service after a shutoff due to non-payment, provided there is no damage to metering devices, would now fall under civil infractions rather than criminal offenses.

Summary

House Bill 5092 seeks to amend the Michigan Penal Code specifically addressing offenses related to tampering with utilities. The bill aims to update and consolidate legal definitions surrounding utility-related crimes including the illegal use of water, steam, electricity, gas, and propane. It provides a clearer framework for defining what constitutes a violation, particularly relating to the functioning and integrity of utility meters. A notable provision within the legislation is the reference to civil infractions, which designates certain actions previously categorized as felonies to lesser penalties depending on the circumstances of the offense.

Contention

Despite the positive implications towards aiding indebted residents, some lawmakers and advocacy groups have raised concerns regarding potential abuses of the legislation. Critics worry that the bill could be exploited by individuals looking to avoid legitimate utility payments, which may result in increased financial pressure on utility companies. The balance between protecting vulnerable citizens facing financial hardship and ensuring accountability for utility services remains a point of contention in the discussions surrounding the bill. Furthermore, the potential for increased consumption without fair compensation could become a systemic issue leading to greater operational challenges for utility providers.