Michigan Senate Bill SB0085

Michigan 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Report Pass: 3/14/23
• Refer: 3/14/23
• Report Pass: 3/16/23
• Engrossed: 3/21/23
• Refer: 3/21/23
• Report Pass: 4/12/23

Caption

Criminal procedure: sentencing guidelines; guidelines for making a false statement in support of an extreme risk protection order; enact. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 15e to ch. XVII. TIE BAR WITH: SB 0083'23

Impact

The introduction of SB0085 is expected to significantly influence state laws related to firearm regulations and protective measures. It defines specific felonies that fall under the purview of extreme risk protection orders, adding clarity to existing legal frameworks. This move encourages law enforcement and the judicial system to take stronger actions against individuals who misuse the protective order system, as well as aims to prevent firearms from falling into the hands of individuals who pose a risk to themselves or others.

Summary

Senate Bill 85 (SB0085) proposes amendments to Michigan's Code of Criminal Procedure, specifically regarding penalties associated with extreme risk protection orders. The bill introduces guidelines for several offenses related to the filing of false statements in support of these protection orders, establishing harsher penalties for repeat offenders. By adding section 15e to Chapter XVII of the current law, it defines the consequences for violating these orders, furthering the intent to enhance public safety regarding firearm access for individuals deemed at risk.

Sentiment

Discussion around SB0085 has elicited a mix of support and opposition among legislators. Proponents argue that the bill is a necessary measure for improving public safety and ensuring proper enforcement of protective orders. They assert that stricter penalties will deter individuals from making false statements that can undermine the effectiveness of these orders. Conversely, critics express concerns over the possible implications for civil liberties and the proper adjudication of such cases, fearing that the bill may inadvertently penalize individuals without sufficient cause or evidence.

Contention

One notable point of contention regarding SB0085 is the balance between public safety and individual rights. Opponents argue that the bill may lead to an overreach in punitive measures, potentially impacting innocent individuals who may be wrongfully accused of filing false statements. This raises questions about the fairness of enforcement and the standards required to demonstrate intent in such cases. The bill, tied to another legislative proposal (SB0083), highlights ongoing debates about the scope and implications of firearm-related legislation in Michigan.