Bill Text: MI HB5453 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on attempt to disengage from crime. Amends sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49o to ch. XVII.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-10-26 - Bill Electronically Reproduced 10/21/2021 [HB5453 Detail]
Download: Michigan-2021-HB5453-Introduced.html
HOUSE BILL NO. 5453
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 49o 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 against a person in which there is an identified victim, not less than 1 codefendant, and to which it is applicable to the facts of the case, the court shall score offense variable 34. Offense variable 34 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.
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Sec. 49o. (1) Offense variable 34 is disengagement from crime, minor role in the offense, or inducement. The court shall score offense variable 34 if either of the following applies by reducing the defendant's offense variable score by not more than 10 points as the court determines appropriate under offense variable 34:
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(a) If there is evidence that after a crime has been planned or begun, but before the criminal act has been substantially completed, the defendant disengaged from the crime........................ |
subtract 5 points |
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(b) If the defendant succeeds in warning the victim of the crime and harm to the victim is reduced, if the defendant shields a potential victim from harm, or if the defendant raises an alarm that causes the defendant's codefendants to desist from criminal actions...................... |
subtract 10 points |
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(c) If the defendant took no affirmative action in facilitating the offense, or did not plan, organize, lead, supervise, or initiate the offense...................... |
subtract 5 points |
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(d) If a third party planned the offense and offered a substantial inducement to the defendant to participate in the offense...................... |
subtract 5 points |
(2) A reduction in the defendant's offense variable score for warning or shielding a victim under subsection (1)(b) may be awarded under this section only if the victim provides his or her approval to the reduction.
(3) As used in this section, "disengaged" or "disengagement" means ceasing to provide needed assistance in a manner that makes the offense less likely to be completed. Mere flight from a substantially completed offense is not disengagement for the purposes of scoring offense variable 34.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
