Crime victims: other; elements for commission of a hate crime; create. Amends sec. 147b of 1931 PA 328 (MCL 750.147b).
Impact
This legislation is expected to reinforce protections against hate crimes within Michigan, allowing victims to seek civil recourse. Those who suffer bodily injuries or property damage as a result of a hate crime can initiate a civil lawsuit against the offender. The bill allows successful plaintiffs to recover significant damages, which can be up to three times the actual damages incurred or a minimum of $2,000, along with attorney fees. This change could potentially lead to an increase in civil actions for hate crimes, offering victims a pathway for redress.
Summary
House Bill 5288 aims to amend the Michigan Penal Code concerning hate crimes by defining specific acts of ethnic intimidation. Specifically, the bill establishes that a person is guilty of ethnic intimidation if they maliciously intend to intimidate or harass another individual based on characteristics such as race, color, religion, gender, or nationality. It outlines actions that constitute a hate crime, including causing physical contact, damaging property, and making threats, thus broadening the previous provisions regarding ethnic intimidation.
Contention
Notably, the bill includes provisions that seek to balance the enforcement of the law with constitutional rights. For instance, it explicitly states that it does not infringe on the right to free speech. Moreover, the legislation includes specific penalties based on the severity of the hate crime, escalating punishments related to prior violations, the age of the victim, or the use of firearms during the offense. However, the definitions and range of actions qualifying as hate crimes could lead to debates regarding their implications on free expression and law enforcement.
Further_notes
The passage of HB5288 could signal a broader commitment by Michigan lawmakers to tackle hate crimes more aggressively. Its comprehensive approach — including civil remedies for victims and potentially harsher penalties for offenders — marks a significant step in enhancing the legal framework concerning ethnic intimidation and protecting marginalized communities.
Crimes: other; penalties for certain offenses committed when victim and offender have a domestic relationship; provide for. Amends secs. 115, 145n, 377a, 380, 411h & 540e of 1931 PA 328 (MCL 750.115 et seq.). TIE BAR WITH: SB 0471'23
Crimes: animals; forfeiture of animal victims of cruelty and fighting; modify. Amends secs. 49, 50 & 50b of 1931 PA 328 (MCL 750.49 et seq.). TIE BAR WITH: HB 5876'24, HB 5877'24