MI HB5400

Defines hate crimes as malicious and intentional acts (force, violence, bodily injury, stalking, property damage, or true threats) committed based on actual or perceived characteristics including race, religion, sex, sexual orientation, gender identity, disability, age, ethnicity, national origin, or association with protected groups.

Establishes tiered felony penalties: up to 2 years/$5,000 for first threat violation; up to 5 years/$10,000 for first violence/injury/stalking/property damage offense or second threat violation; up to 10 years/$15,000 for repeat violent offenses, group crimes, crimes against minors under 18, or crimes involving firearms or dangerous weapons.

Allows hate crime victims to pursue civil actions for injunctions and damages, with prevailing plaintiffs recovering triple actual damages (or $25,000 minimum) plus attorney fees and costs, regardless of criminal prosecution outcome.

Permits courts to impose alternative sentences with defendant consent, including community service to enhance offender understanding of victim impact, with up to 20% penalty reduction for more serious offenses.

Effective date: April 2, 2025; includes protections for constitutional free speech rights and defines key terms including "true threat," "stalk," and "reckless disregard."