Bill Text: MI HB5451 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on cooperation with law enforcement authorities. Amends sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49h to ch. XVII.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-10-26 - Bill Electronically Reproduced 10/21/2021 [HB5451 Detail]
Download: Michigan-2021-HB5451-Introduced.html
HOUSE BILL NO. 5451
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 22 of chapter XVII (MCL 777.22), as amended by 2003 PA 134, and by adding section 49h to chapter XVII.
the people of the state of michigan enact:
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CHAPTER XVII
Sec. 22. (1) For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20. Score offense variables 5 and 6 for homicide, attempted homicide,
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conspiracy or solicitation to commit a homicide, or assault with intent to commit murder. Score offense variable 16 under this subsection for a violation or attempted violation of section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score offense variables 17 and 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
(2) For all crimes against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(3) For all crimes involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14, 15, 19, and 20.
(4) For all crimes against public order and all crimes against public trust, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(5) For all crimes against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20. Score offense variable 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
(6) Subject to the provisions of this subsection, for all crimes to which it is applicable to the facts of the case, the court shall score offense variable 27. Offense variable 27 must be scored after the scoring of offense variables 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. However, in no case may the scoring of offense variables 24, 27, 29, 30, 32, and 34 result in the reduction of a defendant's offense variable score by more than 2 offense variable levels on the applicable sentencing grid.
Sec. 49h. Offense variable 27 is cooperation with law
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enforcement. The court shall score offense variable 27 by determining if any of the following apply and by reducing the defendant's offense variable score by not more than 10 points as the court considers appropriate:
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(a) The prosecutor has filed a motion seeking the reduction and the defendant has provided substantial assistance to law enforcement prior to trial...................... |
subtract 5 points |
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(b) The defendant has pleaded guilty before trial in the matter to the offense or offenses as charged, or to a reduced or amended charge or charges as offered by the prosecution........... |
subtract 5 points |
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(c) The defendant testifies against a codefendant at trial and the prosecutor and the judge agree that the testimony was helpful in the conviction of a codefendant and the prosecutor files a motion requesting the reduction......... |
subtract 10 points |
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
