Bill Text: MI HB6213 | 2019-2020 | 100th Legislature | Introduced

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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) 7 adds sec. 49o to ch. XVII.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-09-16 - Bill Electronically Reproduced 09/15/2020 [HB6213 Detail]

Download: Michigan-2019-HB6213-Introduced.html

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HOUSE BILL NO. 6213

September 15, 2020, Introduced by Reps. Kuppa, LaGrand, Stone and Peterson and referred to the Committee on Judiciary.

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:

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, 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) For all crimes 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.

Sec. 49o. Offense variable 34 is disengagement from crime. The court shall score offense variable 34 if either of the following applies by reducing the defendant's offense variable score by the highest number of points that the court determines appropriate under offense variable 34:

(a) If there is evidence that after a crime has been planned or begun, but before the criminal act has been completed, the defendant attempted to disengage from the crime...subtract 5 points

(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

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