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MI HB5288
Bill
Status
11/1/2023
Primary Sponsor
Noah Arbit
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AI Summary
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Renames "ethnic intimidation" offense to "hate crime" and expands protected characteristics to include sexual orientation, gender identity or expression, physical or mental disability, age, and association with protected groups.
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Changes criminal standard from requiring specific intent to intimidate or harass to requiring only that acts be committed intentionally based on actual or perceived protected characteristics, regardless of additional motivating factors.
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Increases base penalty from 2 years to 5 years imprisonment and up to $5,000 fine; creates enhanced penalty of up to 10 years imprisonment and $10,000 fine when violation results in bodily injury, involves prior convictions, targets minors (18 or under), involves multiple offenders, or involves firearm possession.
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Expands prohibited conduct to include use of force or violence, causing bodily injury, stalking, and damaging digital or online property; removes requirement that threat must have reasonable cause to believe underlying act will occur.
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Increases civil damages for hate crime victims from $2,000 to $25,000 minimum or triple actual damages, whichever is greater; adds provision clarifying that statute does not restrict constitutional free speech rights and that misgendering alone does not constitute hate crime.
Legislative Description
Crime victims: other; elements for commission of a hate crime; create. Amends sec. 147b of 1931 PA 328 (MCL 750.147b).
Crime victims: other
Last Action
Bill Electronically Reproduced 11/01/2023
11/2/2023