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MI HB6225

Bill

Status

Introduced

9/15/2020

Primary Sponsor

Julie Calley

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

HB 6225 Summary

  • Amends Michigan's criminal sentencing guidelines to add a new "Offense Variable 30" for diminished capacity that courts may apply to reduce sentencing points by up to 5 points.

  • Defines "diminished capacity" as a diagnosed condition causing impaired judgment or lack of impulse control that substantially limits an offender's ability to make considered decisions as a mature adult.

  • Requires a licensed physician, psychologist, or psychiatrist to diagnose neurological, neurodevelopmental, or genetic/congenital disorders supporting a diminished capacity finding before the court can score this variable.

  • Specifies that Offense Variable 30 is discretionary with the court and must be scored after all other offense variables (1-20) in the sentencing calculation.

  • Takes effect 90 days after enactment.

Legislative Description

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.

Criminal procedure: sentencing guidelines

Last Action

Bill Electronically Reproduced 09/15/2020

9/16/2020

Committee Referrals

Judiciary9/15/2020

Full Bill Text

No bill text available