Summaries of recently signed, recently passed, and important proposed state legislation.

Passed

Allow Remote Victim Impact Statements

HB 4423 would amend MCL 780.765, 780.793, and 780.825 to allow victims to elect to provide an oral impact statement remotely. The House passed the bill on June 7, 2023. 

Create Criminal Justice Policy Commission

HB 4173 would amend the Code of Criminal Procedure by adding sections 34a and 34b to section IX to create the Criminal Justice Policy Commission. The commission would serve a number of functions from reviewing the sentencing guidelines ranges for equity across populations (and other factors) to reviewing prison population and capacity to analyzing how misdemeanor sentences and the detention of defendants pending trial affect local jails. The House passed the bill on June 14, 2023. See also SB’s 376 and 377, which were introduced in the Senate on June 7, 2023. 

Introduced

Allow Incarcerated Persons to Petition for Sentence Reduction

HB 4556 would amend the Code of Criminal Procedure by adding sections 27a to 27h to Title IX to allow a person who has been incarcerated for not less than 10 years to petition the sentencing court for sentence reduction. Under the bill, the sentencing court could not increase the sentence in response to a petition. The bill would allow a sentencing court to reduce a sentence in response to a petition regardless of whether the sentence was mandatory or the result of a plea or sentencing agreement. Persons convicted of “mass shooting” would not be eligible under the bill. The bill was introduced in the House on May 16, 2023. 

Expand SADO/MAACS Mandate to Include Youth in Delinquency Appeals

HB 4631 would amend the Appellate Defender Act to expand the SADO/MAACS mandate to include youth in juvenile delinquency appeals. The bill would also codify state reimbursement rates for attorneys who represent clients under the act. HB’s 4625-4637 also contain various amendments involving the juvenile justice system. The bills were introduced in the House on May 23, 2023.

Establish Procedure for Pretrial Release Determinations

HB 4655 would amend MCL 756.6 and 756.6a and add MCL 765.6g to establish procedure for courts making pretrial release determinations. The bill would include various factors for a court to consider in making the determination. HB’s 4656-4662 also relate to pretrial release and bond conditions, including misdemeanor bonds and setting of bond related to spousal or child support arrearages. The bills were introduced in the House on May 24, 2023. 

Require Prosecutors to Maintain Witness Confidentiality

HB 4738 would amend the Code of Criminal Procedure by adding section 40b to chapter VII to require prosecutors to keep the personal information of a witness confidential unless the personal information is part of the res gestae of the crime. The bill would allow the defendant to move the court to disclose the information if it is reasonably necessary to the defense. The bill was introduced in the House on June 13, 2023. 

Prohibit Pleading Down Certain Firearm Felonies

HB 4827 would amend the Code of Criminal Procedure by adding MCL 750.222b to prohibit a prosecutor who has charged an individual for a crime for which a conviction would result in the individual being prohibited from possessing a firearm to amend the charge down to one that would not prohibit the individual from possessing a firearm. The bill was introduced in the House on June 15, 2023. 

John Zevalking
Associate Editor