Bill Text: MI HB5450 | 2021-2022 | 101st Legislature | Introduced

---

Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow reduction based on certain military or other civic service. Amends 1927 PA 175 (MCL 760.1 - 760.69) by adding sec. 58 to ch. XVII.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-10-26 - Bill Electronically Reproduced 10/21/2021 [HB5450 Detail]

Download: Michigan-2021-HB5450-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5450

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 58 to chapter XVII.

the people of the state of michigan enact:

1

2

3

4

5

CHAPTER XVII

Sec. 58. (1) Prior record variable 8 is civic engagement or evidence of employment. Subject to subsection (3), the court shall score prior record variable 8 by determining if any of the following apply and by reducing the defendant's prior record

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 

variable score by not more than 5 points, as the court considers appropriate:

(a) The defendant was honorably discharged from a branch of the United State Armed Forces or the defendant successfully completed a term of service in AmeriCorps or the Peace Corps
	subtract 5 points.
(b) The defendant is employed or the defendant's work history indicates that he or she has been a substantial contributor to his or her community when he or she was employed
	subtract 5 points.
(c) The defendant is unemployed or underemployed but is making substantial efforts to seek employment
	subtract 5 points.

(2) As used in this section, "substantial efforts" means the defendant has done 1 of the following:

(a) Registered with Michigan works at least 30 days before sentencing, and has a report to that effect from Michigan works.

(b) Has applied for at least 20 jobs in 30 days before sentencing, is able to furnish a document evidencing he or she applied to those jobs, and has accepted any work offered.

(c) Has a current offer of employment and can furnish evidence of the offer of employment.

(3) Prior record variable 8 must not be scored if the defendant was charged in connection with an allegation of medical malpractice or if a victim of the crime for which the defendant is being sentenced was the defendant's employer.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.