Michigan House Bill HB5642

Michigan 2023-2024 Regular Session

• Introduced: 4/18/24
• Refer: 4/18/24

Caption

Criminal procedure: arrests; bond condition of psychological screening for defendant arrested while in possession of a firearm; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 6f to ch. V. TIE BAR WITH: HB 5643'24

Impact

The proposed legislative change emphasizes the legal system's proactive approach to identifying and addressing mental health issues among defendants. By incorporating mandatory mental health screenings, the bill aims to ensure that defendants who may pose a danger to themselves or others are adequately evaluated. This provision is designed to enhance public safety and streamline the judicial process by establishing clear protocols for handling potentially volatile situations, especially as they relate to firearm possession.

Summary

House Bill 5642 seeks to amend the Michigan Code of Criminal Procedure by introducing provisions related to mental health assessments for defendants arrested while in possession of a firearm. Specifically, it allows courts to mandate that such defendants undergo a mental health screening assessment as a condition of their bond. This aims to address potential risks that may arise from individuals with firearms who are arrested for misdemeanors or felonies.

Contention

While the bill seeks to enhance safety, it does raise concerns among some stakeholders regarding the implications of mandatory mental health assessments. Critics argue that such requirements may disproportionately affect individuals from disadvantaged backgrounds who may lack access to proper mental health services. Additionally, there are concerns about the constitutional implications of conditioning bond releases on mental health screening, as it could be perceived as infringing upon the rights of the accused or creating barriers to fair treatment.