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MI HB5908

Bill

Status

Introduced

3/15/2022

Primary Sponsor

Luke Meerman

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Adds requirement that firearm must be "used in furtherance of committing or attempting to commit the felony" to trigger mandatory sentencing under subsection (1), rather than merely carrying or possessing it.

  • Establishes new subsection (6) creating separate penalties for carrying or possessing a firearm during a felony without using it: up to 2 years for first conviction, up to 5 years for second conviction, up to 10 years for third or subsequent conviction.

  • Defines "uses that firearm" to mean pulling the trigger, brandishing, or pointing the firearm at a person; applies same definition to pneumatic guns under subsection (2).

  • Clarifies that mandatory imprisonment terms under subsections (1) and (2) cannot be suspended and that offenders are ineligible for parole or probation during the mandatory term.

  • Changes definition of "law enforcement officer" from "a duly authorized" to "an authorized" police agency to clarify exemption from the statute's requirements.

  • Takes effect 90 days after enactment.

Legislative Description

Criminal procedure: sentencing; 2-year mandatory sentencing requirement for first felony firearm conviction; eliminate. Amends sec. 227b of 1931 PA 328 (MCL 750.227b).

Criminal procedure: sentencing

Last Action

Bill Electronically Reproduced 03/15/2022

3/16/2022

Committee Referrals

Judiciary3/15/2022

Full Bill Text

No bill text available