Bill Text: MI HB6225 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on diminished capacity. Amends sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49k to ch. XVII.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2020-09-16 - Bill Electronically Reproduced 09/15/2020 [HB6225 Detail]
Download: Michigan-2019-HB6225-Introduced.html
HOUSE BILL NO. 6225
September 15, 2020, Introduced by Reps. Calley,
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 49k 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 may, in its discretion, score offense variable 30. Offense variable 30 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. 49k. (1) Offense variable 30 is diminished
capacity. The court may score offense variable 30 by subtracting 5 points if
considered appropriate by the court and if a medical professional has
determined the defendant has diminished capacity.
(2)
As used in this section:
(a) "Diminished capacity" means the offender exhibits and has been diagnosed with a condition that manifests as impaired judgment or lack of impulse control such that the offender has a substantial inability to make considered decisions as a mature and neurotypical adult.
(b) "Medical professional" means a licensed physician, psychologist, or psychiatrist who has the appropriate licensure or certification to test for and to diagnose neurological, neurodevelopmental, or genetic or congenital disorders that cause diminished capacity.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
