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MI HB5455

Bill

Status

Introduced

10/21/2021

Primary Sponsor

Julie Calley

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Amends Michigan's sentencing guidelines to add offense variable 30 for diminished capacity or youth as a scoring factor courts must consider in applicable cases.

  • Allows courts to reduce a defendant's offense variable score by up to 10 points based on two criteria: (a) diminished mental capacity or neurological condition diagnosed by a medical professional that reduces impulse control, or (b) defendant was under 20 years old at time of offense with no prior criminal conviction.

  • Limits the combined reduction from offense variables 24, 27, 29, 30, 32, and 34 to no more than 2 offense variable levels on the applicable sentencing grid.

  • Defines "diminished mental capacity" as a diagnosed condition causing impaired judgment or lack of impulse control, and "medical professional" as a licensed physician, psychologist, or psychiatrist qualified to diagnose neurological or neurodevelopmental disorders.

  • Effective 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 10/21/2021

10/26/2021

Committee Referrals

Judiciary10/21/2021

Full Bill Text

No bill text available