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MI HB5454

Bill

Status

Introduced

10/21/2021

Primary Sponsor

David LaGrand

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Amends Michigan's criminal sentencing guidelines to add "Offense Variable 29" for victim-offender mediation as a factor courts may consider when scoring offenses.

  • Allows courts to reduce a defendant's offense variable score by 5 points if the defendant successfully completes a prosecutor-approved mediation process with the victim, or by 10 points if the victim requests such reduction upon mediation completion.

  • Defines "successful completion" as the victim agreeing the defendant completed mediation and articulated acceptance of responsibility for harm caused.

  • Prohibits scoring Offense Variable 29 in cases involving domestic violence, stalking, human trafficking, criminal sexual conduct, strangulation, or where the victim is an immediate family member or has a dating relationship with the defendant.

  • Limits the combined reduction from Offense Variable 29 and other mitigating factors (24, 27, 30, 32, and 34) to no more than 2 offense variable levels on the sentencing grid; takes effect 90 days after enactment.

Legislative Description

Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on offender mediation. Amends sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49j to ch. XVII.

Criminal procedure: sentencing guidelines

Last Action

Bill Electronically Reproduced 10/21/2021

10/26/2021

Committee Referrals

Judiciary10/21/2021

Full Bill Text

No bill text available