Bill Summary – FastDemocracy

SENATE BILL NO. 321
     May 03, 2023, Introduced by Senators CHANG, WOJNO, POLEHANKI, BAYER, CAVANAGH
       and GEISS and referred to the Committee on Civil Rights, Judiciary, and Public Safety.
          A bill to amend 1927 PA 175, entitled
    "The code of criminal procedure,"
    by amending sections 12 and 25 of chapter IX (MCL 769.12 and
25), section 12 as amended by 2012 PA 319 and section 25 as
    added by 2014 PA 22, and by adding sections 27a, 27b, 27c, 27d,
    27e, 27f, 27g, and 27h to chapter IX.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
                                       CHAPTER IX
       Sec. 12. (1) If Subject to subsection (6), if a person has
 been convicted of any combination of 3 or more felonies or attempts
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 to commit felonies, whether the convictions occurred in this state
 or would have been for felonies or attempts to commit felonies in
 this state if obtained in this state, and that person commits a
 subsequent felony within this state, the person shall be punished
 upon conviction of the subsequent felony and sentencing sentenced
 under section 13 of this chapter as follows:
       (a) If the subsequent felony is a serious crime or a
 conspiracy to commit a serious crime, and 1 or more of the prior
 felony convictions are listed prior felonies, the court shall
 sentence the person to imprisonment for not less than 25 years. Not
 more than 1 conviction arising out of the same transaction shall
 may be considered a prior felony conviction for the purposes of
 this subsection only.
       (b) If the subsequent felony is punishable upon a first
 conviction by imprisonment for a maximum term of 5 years or more or
 for life, the court, except as otherwise provided in this section
 or section 1 of chapter XI, may sentence the person to imprisonment
 for life or for a lesser term.
       (c) If the subsequent felony is punishable upon a first
 conviction by imprisonment for a maximum term that is less than 5
 years, the court, except as otherwise provided in this section or
 section 1 of chapter XI, may sentence the person to imprisonment
 for a maximum term of not more than 15 years.
       (d) If the subsequent felony is a major controlled substance
 offense, the person shall be punished as provided by part 74 of the
 public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
       (2) If the court imposes a sentence of imprisonment for any
 term of years under this section, the court shall fix the length of
 both the minimum and maximum sentence within any specified limits
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 in terms of years or a fraction of a year, and the sentence so
 imposed shall must be considered an indeterminate sentence. The
 court shall not fix a maximum sentence that is less than the
 maximum term for a first conviction.
        (3) A conviction shall must not be used to enhance a sentence
 under this section if that conviction is used to enhance a sentence
 under a statute that prohibits use of the conviction for further
 enhancement under this section.
        (4) An Subject to subsection (6), an offender sentenced under
 this section or section 10 or 11 of this chapter for an offense
 other than a major controlled substance offense is not eligible for
 parole until expiration of the following:
        (a) For a prisoner other than a prisoner subject to
 disciplinary time, the minimum term fixed by the sentencing judge
 at the time of sentence unless the sentencing judge or a successor
 gives written approval for parole at an earlier date authorized by
 law.
        (b) For a prisoner subject to disciplinary time, the minimum
 term fixed by the sentencing judge.
        (5) This section and sections 10 and 11 of this chapter are
 not in derogation of other provisions of law that permit or direct
 the imposition of a consecutive sentence for a subsequent felony.
        (6) This section does not apply to the resentencing of an
 individual under sections 27a to 27h of this chapter.
        (7) (6) As used in this section:
        (a) "Listed prior felony" means a violation or attempted
 violation of any of the following:
        (i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle
 code, 1949 PA 300, MCL 257.602a and 257.625.
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       (ii) Article 7 of the public health code, 1978 PA 368, MCL
 333.7101 to 333.7545, that is punishable by imprisonment for more
 than 4 years.
       (iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2) or
 (3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a,
 234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i,
 479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the
 Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83,
 750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a,
 750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a,
 750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a,
 750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c,
 750.520d, 750.520g, 750.529, 750.529a, and 750.530.
       (iv) A second or subsequent violation or attempted violation of
 section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b.
       (v) Section 2a of 1968 PA 302, MCL 752.542a.
       (b) "Prisoner subject to disciplinary time" means that term as
 defined in section 34 of 1893 PA 118, MCL 800.34.
       (c) "Serious crime" means an offense against a person in
 violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350,
 397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal
 code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89,
 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
 750.520c, 750.520d, 750.520g, 750.529, and 750.529a.
       Sec. 25. (1) This Subject to subsection (11), this section
 applies to a criminal defendant who was less than 18 years of age
 at the time he or she committed an offense described in subsection
 (2) if either of the following circumstances exists:
       (a) The defendant is convicted of the offense on or after the
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 effective date of the amendatory act that added this section.March
 14, 2014.
       (b) The defendant was convicted of the offense before the
 effective date of the amendatory act that added this section March
 14, 2014 and either of the following applies:
       (i) The case is still pending in the trial court or the
 applicable time periods for direct appellate review by state or
 federal courts have not expired.
       (ii) On June 25, 2012 the case was pending in the trial court
 or the applicable time periods for direct appellate review by state
 or federal courts had not expired.
       (2) The prosecuting attorney may file a motion under this
 section to sentence a defendant described in subsection (1) to
 imprisonment for life without the possibility of parole if the
 individual is or was convicted of any of the following violations:
       (a) A violation of section 17764(7) of the public health code,
 1978 PA 368, MCL 333.17764.
       (b) A violation of section 16(5), 18(7), 316, 436(2)(e), or
 543f of the Michigan penal code, 1931 PA 328, MCL 750.16, 750.18,
 750.316, 750.436, and 750.543f.
       (c) A violation of chapter XXXIII of the Michigan penal code,
 1931 PA 328, MCL 750.200 to 750.212a.
       (d) Any violation of law involving the death of another person
 for which parole eligibility is expressly denied under state law.
       (3) If the prosecuting attorney intends to seek a sentence of
 imprisonment for life without the possibility of parole for a case
 described in subsection (1)(a), the prosecuting attorney shall file
 the motion within 21 days after the defendant is convicted of that
 violation. If the prosecuting attorney intends to seek a sentence
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 of imprisonment for life without the possibility of parole for a
 case described under subsection (1)(b), the prosecuting attorney
 shall file the motion within 90 days after the effective date of
 the amendatory act that added this section. March 14, 2014. The
 motion shall must specify the grounds on which the prosecuting
 attorney is requesting the court to impose a sentence of
 imprisonment for life without the possibility of parole.
       (4) If the prosecuting attorney does not file a motion under
 subsection (3) within the time periods provided for in that
 subsection, the court shall sentence the defendant to a term of
 years as provided in subsection (9).
       (5) If the prosecuting attorney files a motion under
 subsection (2) requesting that the individual be sentenced to
 imprisonment for life without parole eligibility, the individual
 shall file a response to the prosecution's motion within 14 days
 after receiving notice of the motion.
       (6) If the prosecuting attorney files a motion under
 subsection (2), the court shall conduct a hearing on the motion as
 part of the sentencing process. At the hearing, the trial court
 shall consider the factors listed in Miller v Alabama, 576 US_____;
 Miller v Alabama, 576 US 460; 183 L Ed 2d 407; 132 S Ct 2455
 (2012), and may consider any other criteria relevant to its
 decision, including the individual's record while incarcerated.
       (7) At the hearing under subsection (6), the court shall
 specify on the record the aggravating and mitigating circumstances
 considered by the court and the court's reasons supporting the
 sentence imposed. The court may consider evidence presented at
 trial together with any evidence presented at the sentencing
 hearing.
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       (8) Each victim shall must be afforded the right under section
 15 of the William Van Regenmorter crime victim's rights act, 1985
 PA 87, MCL 780.765, to appear before the court and make an oral
 impact statement at any sentencing or resentencing of the defendant
 under this section.
       (9) If the court decides not to sentence the individual to
 imprisonment for life without parole eligibility, the court shall
 sentence the individual to a term of imprisonment for which the
 maximum term shall be not less than 60 years and the minimum term
 shall be not less than 25 years or more than 40 years.
       (10) A defendant who is sentenced under this section shall
 must be given credit for time already served but shall must not
 receive any good time credits, special good time credits,
 disciplinary credits, or any other credits that reduce the
 defendant's minimum or maximum sentence.
       (11) This section does not apply to the resentencing of an
 individual under sections 27a to 27h of this chapter.
       Sec. 27a. (1) Notwithstanding any other provision of law, an
 incarcerated individual who has served not less than 10 years of
 the incarcerated individual's sentence or sentences for any
 conviction or for a combination of convictions may petition the
 sentencing court for a reduction of any or all of the incarcerated
 individual's sentences as provided under this section.
       (2) A petition for a sentence reduction under this section may
 be filed after the date on which the tenth year of imprisonment
 begins for an incarcerated individual sentenced to more than 10
 years of imprisonment.
       (3) Except as otherwise provided in this subsection, if a
 petition for a reduction in sentence under this section has been
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 denied, the incarcerated individual shall not file a successive
 petition until not less than 2 years have elapsed after the date
 the petition was denied. The court may require a waiting period
 longer than 2 years, but in no case may require a waiting period
 longer than 5 years after the date the most recent petition was
 denied.
       (4) If a petition for a reduction in sentence under this
 section has been granted and the total sentence to be served was
 reduced by not less than 25%, the incarcerated individual shall not
 file a petition for a second sentencing reduction until not less
 than 5 years have elapsed after the date the petition was granted.
       (5) Notwithstanding any other provision of law to the
 contrary, an incarcerated individual who has not yet served 10
 years of imprisonment is eligible to petition for a reduction in
 sentence if the prosecuting attorney in the applicable jurisdiction
 consents to filing of the petition.
       (6) Except as otherwise provided in this subsection, no
 offense disqualifies an incarcerated individual from relief under
 this chapter. An incarcerated individual who was convicted of a
 mass shooting offense is not entitled to relief under this chapter.
 For a petition under this section, an offense is considered a mass
 shooting offense if the sentencing judge or the judge's successor
 determines, by clear and convincing evidence, that the murders
 resulted in physical, emotional, or psychological injury to a large
 number of people who were present at the time of the offense, the
 murders significantly increased the burden of victim assistance and
 compensation for the applicable jurisdiction, and the murders arose
 out of an incident in which the incarcerated individual brought a
 firearm and ammunition to a location with the intent to commit
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 murder. As used in this subsection, "mass shooting offense" means
 an offense that resulted in convictions for 3 or more counts of
 first degree premeditated murder arising out of a single incident.
       (7) A sentencing court that receives a petition for
 resentencing under this chapter may reduce a sentence or deny the
 petition. Notwithstanding any other law or provision, the court
 shall not increase a sentence as a result of a petition under this
 section. The court may reduce a mandatory sentence or a sentence
 imposed as the result of a binding plea or sentencing agreement.
       Sec. 27b. (1) After an individual has served 9 years of
 imprisonment, the department of corrections shall, within 30 days
 of the date beginning the incarcerated individual's ninth year of
 incarceration, give written notice of the individual's eligibility
 to file a petition for a reduction of sentence under section 27a of
 this chapter to all of the following:
       (a) The incarcerated individual.
       (b) The sentencing court.
       (c) The applicable prosecuting attorney.
       (d) Any public defense authority in the judicial circuit in
 which the sentence was imposed.
       (2) The petition must be filed by the incarcerated individual,
 counsel for the incarcerated individual, the prosecuting attorney,
 or the next friend of the incarcerated individual, if the
 incarcerated individual cannot bring the petition and the next
 friend is acting in the best interests of the incarcerated
 individual. As used in this subsection, "next friend" includes, but
 is not limited to, the incarcerated individual's next of kin or a
 qualified medical professional.
       (3) The petition must be filed in writing in the judicial
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 circuit in which the sentence was imposed and may include
 affidavits, declarations, letters, prison records, or other written
 and electronic material.
       (4) The petition must include, at a minimum, all of the
 following:
       (a) The name of the petitioner.
       (b) The name of the incarcerated individual.
       (c) The applicable case number or case numbers.
       (d) The offense or offenses of conviction.
       (e) The current sentence or sentences being served for each
 case number.
       (f) The date of the offense and sentence.
       (g) The name of the trial and sentencing judge.
       (h) The specific offenses for which the petitioner is
 requesting resentencing.
       (i) A factual statement explaining how the incarcerated
 individual meets the eligibility requirements described in section
 27a of this chapter.
       (j) If the petition is filed by the next friend of the
 incarcerated individual, a factual statement explaining the
 petitioner's relationship to the incarcerated individual, why the
 incarcerated individual cannot bring the petition on the
 incarcerated individual's own behalf, and how the next friend is
 acting in the best interests of the incarcerated individual.
       (5) Within 30 days of receipt of a pet