Legislative Analysis
Phone: (517) 373-8080
PETITIONS FOR SENTENCING RECONSIDERATION
http://www.house.mi.gov/hfa
House Bill 4556 (H-1) as reported from committee Analysis available at
Sponsor: Rep. Kara Hope http://www.legislature.mi.gov
House Bill 4557 (H-2) as reported from committee
Sponsor: Rep. Cynthia Neeley
House Bill 4558 as reported
Sponsor: Rep. Jimmie Wilson, Jr.
House Bill 4559 as reported House Bill 4560 as reported
Sponsor: Rep. Donavan McKinney Sponsor: Rep. Abraham Aiyash
Committee: Criminal Procedure
Complete to 12-11-24
SUMMARY:
House Bills 4556 to 4560 would prescribe procedures for hearings to reconsider the sentences
of eligible incarcerated individuals who have served at least 20 years of a sentence or sentences
for a conviction or combination of convictions. The package of bills, taken together, is known
as the Second Look Sentencing Act.
House Bill 4556 would provide guidelines and procedures for an incarcerated individual to
petition the court for resentencing, the timing and other requirements for a resentencing hearing
for an eligible individual, and criteria to be considered in a resentencing determination, among
other provisions. The bills would amend several mandatory provisions that now apply to
sentencing and parole eligibility under certain circumstances (e.g., requiring life without parole
eligibility for specified offenses) to provide that those provisions do not apply to a resentencing
under HB 4556. The bills also would provide for victim notification of a resentencing hearing.
House Bills 4557 to 4560 cannot go into effect unless HB 4556 is also enacted.
House Bill 4556 would amend Chapter IX (Judgment and Sentence) of the Code of Criminal
Procedure to allow certain incarcerated individuals to petition the court for resentencing under
procedures provided in the bill.
Eligibility to petition
Under the bill, an incarcerated individual who has served at least 20 years of their sentence or
sentences for any conviction or combination of convictions could petition the sentencing court
for a reduction of any or all of their sentences. For an individual sentenced to more than 20
years of imprisonment, a petition could be filed after the date their twentieth year of
imprisonment begins. An incarcerated individual who has not yet served 20 years of
imprisonment could file a petition for a reduction in sentence with the consent of the applicable
prosecuting attorney. The prosecuting attorney would have to make reasonable efforts to
consult with the victim of the offense for which the petition would be filed before consenting
to the petition.
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 Victim would mean any of the following:
• Except as provided below, an individual who suffers direct or threatened
physical, financial, or emotional harm as a result of the commission of a crime.
• Except for the purpose only of submitting or making an impact statement as
provided below, the following individuals other than the defendant if the victim
is deceased:
o The spouse of the deceased victim.
o A child of the deceased victim if the above does not apply and the child
is 18 years of age or older.
o A parent of the deceased victim if the above do not apply.
o The guardian or custodian of a child of the deceased victim if the above
do not apply and the child is less than 18 years of age.
o A sibling of the deceased victim if the above do not apply.
o A grandparent of the deceased victim if the above do not apply.
• A parent, guardian, or custodian of a victim who is less than 18 years of age if
the parent, guardian, or custodian so chooses and is neither the defendant nor
incarcerated.
• A parent, guardian, or custodian of a victim who is mentally or emotionally
unable to participate in the legal process if the parent, guardian, or custodian is
neither the defendant nor incarcerated.
• For the purpose only of submitting or making an impact statement, if the
individual who suffers direct or threatened physical, financial, or emotional
harm as a result of the commission of a crime is deceased, is so mentally
incapacitated that he or she cannot meaningfully understand or participate in
the legal process, or consents to the individual’s designation as a victim, the
following individuals other than the defendant:
o The spouse of the victim.
o A child of the victim if the child is 18 years of age or older.
o A parent of the victim.
o The guardian or custodian of a child of the victim if the child is less
than 18 years of age.
o A sibling of the victim.
o A grandparent of the victim.
o A guardian or custodian of the victim if the victim is less than 18 years
of age at the time of the commission of the crime and the guardian or
custodian is not incarcerated.
Ineligibility
No offense would disqualify an incarcerated individual from relief under the bill, except that
an incarcerated individual who was ever convicted of any of the following would not be entitled
to relief under the bill:
• A mass shooting offense. Mass shooting offense would be defined to mean an offense
that resulted in convictions for three or more counts of first degree premeditated murder
arising out of a single incident. For an offense to be considered a mass shooting offense
for purposes of a petition under the bill, the sentencing judge or their successor would
have to determine all of the following by clear and convincing evidence:
o The murders resulted in physical, emotional, or psychological injury to a large
number of people who were present at the time of the offense.
House Fiscal Agency HBs 4556 to 4560 as reported Page 2 of 11
 o The murders significantly increased the burden of victim assistance and
compensation for the applicable jurisdiction.
o The murders arose out of an incident where the incarcerated individual brought
a firearm and ammunition to a location with the intent to commit murder.
• A violation of section 543f of the Michigan Penal Code (felony terrorism). 1
• An offense requiring registration under the Sex Offender Registration Act, which
would include any of the following (with corresponding Michigan Penal Code section
numbers): 2
o Accosting, enticing, or soliciting a child for immoral purposes (section 145a).
o Accosting, enticing or soliciting a child for immoral purposes (prior
conviction) (section 145b).
o Aggravated indecent exposure, if the victim is less than 18 years of age (section
335a(2)(b)).
o Assault with intent to commit criminal sexual conduct in the second degree
(section 520g(2)).
o Assault with intent to commit criminal sexual conduct involving sexual
penetration (section 520g(1)).
o Capturing or distributing image of unclothed person, if the victim is less than
18 years of age (section 539j).
o Child kidnapping, if the victim is less than 13 years of age (section 350).
o Child sexually abusive activity or material possession (section 145c(4)).
o Child sexually abusive activity or material distribution or promotion (section
145c(3)).
o Child sexually abusive activity or material production or financing (section
145c(2)).
o Crime against nature or sodomy, if the victim is less than 18 years of age
(section 158).
o Criminal sexual conduct in the first degree (section 520b).
o Criminal sexual conduct in the second degree (section 520c).
o Criminal sexual conduct in the third degree (section 520d).
o Criminal sexual conduct in the fourth degree (section 520e).
o Engaging services of prostitution (section 449a(2)).
o Gross indecency between male persons (section 338).
o Gross indecency between female persons (section 338a).
o Gross indecency between male and female persons (section 338b).
o Human trafficking – recruiting minor (section 462e(a)).
o Kidnapping, if the victim is less than 18 years of age (section 349).
o Pandering (section 455).
o Soliciting, accosting, or inviting to commit prostitution or immoral act, if the
victim is less than 18 years of age (section 448).
o Unlawful imprisonment, if the victim is less than 18 years of age (section
349b).
o Use of internet or computer system for prohibited communication (section
145d(1)(a)).
1
Section 543f is here: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-543f. The definitions of
terms applicable to the offense are here: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-543b
2
https://www.michigan.gov/msp/services/sex-offender-reg
House Fiscal Agency HBs 4556 to 4560 as reported Page 3 of 11
 o Any offense committed by a person who was, at the time of the offense, a
sexually delinquent person (section 10a).
o Any offense substantially similar to an offense listed above under a law of the
United States, any state, or any country or under tribal or military law.
• Unless the incarcerated individual was a prior victim of domestic violence, two or more
felonies involving domestic violence. (Domestic violence would mean any of the
following acts by an individual that is not an act of self-defense: causing or attempting
to cause physical or mental harm to a family or household member; placing a family
or household member in fear of physical or mental harm; causing or attempting to cause
a family or household member to engage in involuntary sexual activity by force, threat
of force, or duress.)
Filing and contents of petition
A petition described above would have to be filed in writing in the judicial circuit where the
sentence was imposed by one of the following:
• The incarcerated individual.
• Counsel for the incarcerated individual.
• The prosecuting attorney.
• The next friend of the incarcerated individual (for example, their next of kin or a
qualified medical professional), if the incarcerated individual cannot bring the petition
and the next friend is acting in the incarcerated individual’s best interests.
The petition would have to include at least all of the following:
• The petitioner’s name.
• The incarcerated individual’s name.
• The applicable case number or numbers.
• The offense or offenses of conviction.
• The current sentence or sentences being served for each case number.
• The date of the offense and sentence.
• The name of the trial and sentencing judge.
• The specific offenses the petitioner is requesting resentencing for.
• A factual statement explaining how the incarcerated individual meets the eligibility
requirements described above.
• If the petition is filed by the incarcerated individual’s next friend, a factual statement
explaining the petitioner’s relationship to the incarcerated individual, why the
incarcerated individual cannot bring the petition on their own behalf, and how the next
friend is acting in the incarcerated individual’s best interests.
The petition could include affidavits, declarations, letters, prison records, or other written and
electronic material.
General authority of the court
A sentencing court receiving a petition for resentencing could reduce a sentence or deny the
petition. The court could not increase a sentence as a result of a petition. The court could reduce
a mandatory sentence or a sentence imposed as the result of a binding plea or sentencing
agreement.
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 Process of the court
Within 30 days after receiving a petition, the court would have to provide the prosecuting
attorney and the incarcerated individual with a copy of the petition, including any attached
written or electronic material. The court could direct the parties to expand the record by
submitting additional materials relating to the petition. A petition could be freely amended at
any time before a hearing.
A petition would have to be assigned, for determination, to the judge who imposed the original
sentence on the incarcerated individual or to that judge’s successor.
Initial determination
Upon receiving a petition for resentencing, the sentencing court would have to determine
whether the incarcerated individual qualifies for a sentence reduction by confirming all of the
following:
• The individual has served at least 10 years in prison. 3
• The individual is not time-barred by a previous petition. (See “Timing of subsequent
petitions,” below.)
• The individual is not excluded from eligibility because of a mass shooting conviction.
If the court determines that the incarcerated individual does not meet the above requirements,
the court would have to enter an order denying the petition, with copies to the petitioner and to
the incarcerated individual (if they are not the petitioner).
If the court determines that the incarcerated individual meets the above requirements, the court
would have to set a date for a resentencing hearing as described below.
If the court determines that the individual meets the above requirements and the matter is
subsequently reassigned to a successor judge, that judge could not reconsider the sufficiency
of the petition or decline to set a hearing. 4
Timing and notice of resentencing hearing
Unless the court finds good cause to hold the hearing at a later date or the petitioner requests a
delay of the hearing, the court would have to set a resentencing hearing as follows:
• If one or more of the following apply, no more than 45 days after the petition is filed:
o The incarcerated individual has one or more medical conditions leading to
major limitations in activities of daily living, including a serious mental illness
or an intellectual or developmental disability.
o The incarcerated individual has one or more medical conditions that make them
more likely to contract an illness or disease while incarcerated that could lead
to death or cause them to develop a medical condition that prevents the
performance of one or more activities of daily living without assistance,
including any of the following:
 Any condition related to a weakened immune system, such HIV or
AIDS.
3
The bill does not have an exception from this requirement for an incarcerated individual who has served less than 10
years of imprisonment and is filing a petition with the prosecutor’s consent.
4
The bill does not authorize the successor judge to exercise the discretion otherwise provided to the court to either
grant or decline a hearing related to a conviction for an offense listed above.
House Fiscal Agency HBs 4556 to 4560 as reported Page 5 of 11
  Debilitating health conditions that occur as a result of dementia,
Alzheimer’s disease, or similar degenerative brain disorders.
 Cardiovascular disease.
 Chronic lung disease or asthma.
 Diabetes.
 Hepatitis C.
 Seizure disorders.
 The need for life-sustaining care such as feeding tubes or colostomy
bags.
 Disabling neurological disorders such