Legislative Analysis
Phone: (517) 373-8080
PETITIONS FOR SENTENCING RECONSIDERATION
http://www.house.mi.gov/hfa
House Bill 4556 as introduced Analysis available at
Sponsor: Rep. Kara Hope http://www.legislature.mi.gov
House Bill 4557 as introduced
Sponsor: Rep. Cynthia Neeley
House Bill 4558 as introduced
Sponsor: Rep. Jimmie Wilson, Jr.
House Bill 4559 as introduced House Bill 4560 as introduced
Sponsor: Rep. Donavan McKinney Sponsor: Rep. Abraham Aiyash
Committee: Criminal Procedure
Complete to 3-18-24
SUMMARY:
House Bills 4556 to 4560 would prescribe procedures for hearings to reconsider the sentences
of eligible incarcerated individuals who have served at least 10 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 10 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 10
years of imprisonment, a petition could be filed after the date their tenth year of imprisonment
begins. An incarcerated individual who has not yet served 10 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.
House Fiscal Agency Page 1 of 10
 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 convicted of a mass shooting offense would not be eligible
to file a petition as described above if the sentencing judge or their successor determines all of
the following by clear and convincing evidence:
• 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.
• 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.
House Fiscal Agency HBs 4556 to 4560 as introduced Page 2 of 10
 Mass shooting offense would mean an offense that resulted in convictions for three or
more counts of first degree premeditated murder arising out of a single incident.
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.
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.
House Fiscal Agency HBs 4556 to 4560 as introduced Page 3 of 10
 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. 1
• 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. However, the court
would not be required to grant a sentence reduction hearing, but could do so or not at its own
discretion, if an individual who meets the above requirements is seeking a reduced sentence in
connection with a conviction for any of the following offenses:
• A violation of section 520b or 520c of the Michigan Penal Code (criminal sexual
conduct in the first or second degree) committed against a victim under 13 years of
age. 2
• A violation of section 81(4) or (5) of the Michigan Penal Code (domestic assault or
assault of a pregnant individual with a prior conviction or convictions). 3
• A violation of section 81a(3) of the Michigan Penal Code (aggravated domestic assault
with prior convictions). 4
• A violation of section 145c(2)(b) of the Michigan Penal Code (aggravated producing
of child sexually abusive activity or material). 5
• A violation of section 462c, 462d, or 462e of the Michigan Penal Code (human
trafficking violations involving debt bondage, forced labor, or commercial sexual
activity or forced labor of a minor). 6
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. 7
1
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.
2
http://legislature.mi.gov/doc.aspx?mcl-750-520b and http://legislature.mi.gov/doc.aspx?mcl-750-520c
3
http://legislature.mi.gov/doc.aspx?mcl-750-81
4
http://legislature.mi.gov/doc.aspx?mcl-750-81a
5
http://legislature.mi.gov/doc.aspx?mcl-750-145c
6
http://legislature.mi.gov/doc.aspx?mcl-750-462c, http://legislature.mi.gov/doc.aspx?mcl-750-462d, and
http://legislature.mi.gov/doc.aspx?mcl-750-462e
7
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 introduced Page 4 of 10
 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.
 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 as multiple sclerosis or
amyotrophic lateral sclerosis.
 Any condition that requires or is expected to require specialty care or
recurrent hospitalizations.
o The petition is filed by the prosecuting attorney.
• If the above does not apply, but one or more of the following do, no more than 90 days
after the petition is filed:
o The incarcerated individual has served over 20 years of the incarcerated
individual’s sentence.
o The incarcerated individual is over 55 years of age.
• If neither of the above apply, no more than 180 days after the petition is filed.
When the court sets a resentencing hearing, it would have to provide notice to the incarcerated
individual, counsel for the incarcerated individual, the Department of Corrections, the
prosecuting attorney, and, if applicable, the next friend of the incarcerated individual.
Notification to victim
Once a date for a resentencing hearing has been set, the prosecuting attorney would have to
promptly notify the victim of the offense for which the petition was filed by first-class mail to
the victim’s last known address. The victim or the victim’s designee has the right to appear and
the right, as otherwise provided by law, to make a statement at the resentencing hearing
regarding the impact of the offense conduct on the victim.
House Fiscal Agency HBs 4556 to 4560 as introduced Page 5 of 10
 If the incarcerated individual’s underlying conviction is homicide, the prosecuting attorney
would have to consult with the victim’s family before making any filing in relation to a petition
for resentencing.
Resentencing hearing procedures
A resentencing hearing would have to be conducted on the record. The court could allow parties
to present any evidence that the court deems relevant to the issue of the propriety of a reduction
in sentence. The evidence could include documents, live testimony, tangible objects, or any
other class of evidence or information relevant to sentencing. The court would have exclusive
discretion to determine the relevance of any proposed evidence.
The incarcerated individual would have to be present during a resentencing hearing unless they
waive the right to be present. Their appearance by video teleconference, with their consent,
would meet this requirement. The incarcerated individual would have to be allowed to testify
or to remain silent at the hearing.
The sentencing court would have to consider all relevant evidence, which would include at
least all of the following:
• The age of the incarcerated individual at the time o