Bill Text: MI HB6226 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on third party coercion or inducement to engage in criminal activity. Amends sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49l to ch. XVII.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-09-16 - Bill Electronically Reproduced 09/15/2020 [HB6226 Detail]

Download: Michigan-2019-HB6226-Introduced.html

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HOUSE BILL NO. 6226

September 15, 2020, Introduced by Reps. Pohutsky, 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 49l 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 31. Offense variable 31 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. 49l. Offense variable 31 is coercion or inducement by a third party. The court may score offense variable 31 by subtracting 5 points if considered appropriate by the court and if there is substantial evidence that all of the following apply:

(a) A third party planned the offense.

(b) The defendant provided no substantial input into the planning of the offense.

(c) The third party offered a substantial inducement or coerced the defendant to participate in the offense.

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