Michigan 2023-2024 Regular Session

Michigan House Bill HB5093

Introduced
10/4/23  

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for tampering with utility shutoff to residence; amend to reflect decriminalization of certain acts. Amends secs. 16o & 16s, ch. XVII of 1927 PA 175 (MCL 777.16o & 777.16s). TIE BAR WITH: HB 5092'23

Impact

The legislative changes proposed in HB 5093 are significant as they may alter the way utility-related offenses are prosecuted and sentenced. It reduces the severity of penalties for individuals tampering with utility shutoff services, suggesting that in instances where there is no malicious intent to cause harm, the repercussions will be less severe. This could lead to a substantial reduction in criminal charges related to these offenses, thereby impacting the criminal justice system's approach towards utility-related issues in Michigan.

Summary

House Bill 5093 aims to amend the Michigan Code of Criminal Procedure by updating the sentencing guidelines pertinent to utility shutoff tampering. Specifically, the bill focuses on the recognition of certain activities that were previously criminalized, moving towards a more measured legal response to what it identifies as minor offenses associated with tampering with utility services. The proposal seeks to reflect a broader trend in legislative practices toward decriminalization, recognizing that not all acts of such nature warrant severe penalties under Michigan law.

Contention

Notably, there may be contention around this bill concerning the implications of decriminalizing utility tampering. Some lawmakers and industry stakeholders may argue that reducing penalties could embolden individuals to tamper with utility services, potentially impacting overall service integrity and security. Conversely, proponents of the bill may assert that the previous penalties were excessively punitive and did not take into account the context or intent behind such acts, pushing for a fairer legislative approach that prioritizes regulatory reform over punishment.

Companion Bills

MI HB5092

Same As 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).

Similar Bills

MI SB0256

Criminal procedure: sentencing guidelines; sentencing guidelines for tampering with utility shutoff to residence; amend to reflect decriminalization of certain acts. Amends secs. 16o & 16s, ch. XVII of 1927 PA 175 (MCL 777.16o & 777.16s). TIE BAR WITH: SB 0255'25

MI SB0553

Criminal procedure: sentencing guidelines; sentencing guidelines for tampering with utility shutoff to residence; amend to reflect decriminalization of certain acts. Amends secs. 16o & 16s, ch. XVII of 1927 PA 175 (MCL 777.16o & 777.16s). TIE BAR WITH: SB 0552'23

TX SB1125

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HI SCR149

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HI SR145

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MI HB5715

Criminal procedure: sentencing guidelines; sentencing guidelines for certain crimes; update. Amends secs. 11b, 12e, 12f, 13m, 13n, 14a, 14h, 15d, 16d, 16f, 16g, 16i, 16j, 16k, 16l, 16m, 16p, 16q, 16r, 16s, 16t, 16w, 16x, 16y, 16bb, 17b & 17g, ch. XVII of 1927 PA 175 (MCL 777.11b et seq.). TIE BAR WITH: HB 5704'24, HB 5709'24, HB 5711'24, HB 5707'24, HB 5712'24, HB 5708'24, HB 5705'24, HB 5706'24, HB 5714'24, HB 5713'24, HB 5710'24

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