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MI HB5908
Bill
Status
3/15/2022
Primary Sponsor
Luke Meerman
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AI Summary
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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.
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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.
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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).
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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.
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Changes definition of "law enforcement officer" from "a duly authorized" to "an authorized" police agency to clarify exemption from the statute's requirements.
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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