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MI HB5455
Bill
Status
10/21/2021
Primary Sponsor
Julie Calley
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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