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:
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.