Bill Text: MI HB6223 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on offender mediation. Amend sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49j to ch. XVII.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-09-16 - Bill Electronically Reproduced 09/15/2020 [HB6223 Detail]
Download: Michigan-2019-HB6223-Introduced.html
HOUSE BILL NO. 6223
September 15, 2020, Introduced by Reps. LaGrand
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 49j 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, conspiracy or
solicitation to commit a homicide, or assault with
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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 may, in its discretion, score offense variable 29. Offense variable 29 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. 49j. Offense variable 29 is victim-offender
mediation. The court may, as it determines is appropriate to the facts of the
case, score offense variable 29 by determining if either of the following
applies and by reducing the defendant's offense variable score by the highest
number of points applicable under offense variable 29:
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(a) The defendant has actively participated in a
mediation process approved by the prosecutor of the case with the victim or
victims of the offense......................................... |
subtract 5 points |
(b) The victim or victims request a 10-point
reduction at the conclusion of a mediation process approved by the prosecutor
of the case with the victim or victims of the offense....... |
subtract 10 points |
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.