PROHIBIT GUNS IN LEGISLATIVE OFFICE BUILD. S.B. 857 & 858 (S-1):
SUMMARY OF BILL
ON THIRD READING
Senate Bill 857 (as reported without amendment)
Senate Bill 858 (Substitute S-1 as amended on Third Reading)
Sponsor: Senator Dayna Polehanki (S.B. 857)
Senator Rosemary Bayer (S.B. 858)
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
Senate Bill 857 would amend the handgun licensure law to prohibit an individual from carrying
a concealed pistol in the Michigan State Capitol, the Anderson House Office Building, and the
Binsfeld Senate Office Building unless that individual was a serving member of the Michigan
Senate or Michigan House of Representatives who had a concealed pistol license (CPL).
Senate Bill 858 (S-1) would amend the Michigan Penal Code to prohibit an individual from
possessing a firearm in the Michigan State Capitol Building, the Anderson House Office
Building, and the Binsfeld Senate Office Building unless that individual was a serving member
of the Michigan Senate or Michigan House of Representatives who had a CPL, was a peace
officer, or was contracted to provide security services for those buildings.
MCL 28.425o (S.B. 857)
750.234d (S.B. 858)
BRIEF RATIONALE
Currently, the Michigan Capitol Commission prohibits weapons in the State Capitol following
an incident in which armed protestors entered the building. 1,2 According to testimony before
the Senate Committee on Civil Rights, Judiciary, and Public Safety, legislators should be able
to conduct their business, engage in debate, and pass laws without concerns for the threat of
firearms. It has been suggested to codify the Commission's Capitol weapons ban and extend
the ban to legislative buildings.
Legislative Analyst: Eleni Lionas
FISCAL IMPACT
Senate Bill 857's criminal penalties could have a negative fiscal impact on State and local
government. Violations of the proposed Act would be punishable as misdemeanors and
felonies of different severity. More misdemeanor and felony arrests and convictions could
increase resource demands on law enforcement, court systems, community supervision, jails,
and correctional facilities. Misdemeanor convictions could increase county jail and local
probation supervision costs, which vary by jurisdiction and are thus indeterminate. Based on
2023 data, the average cost to State government for felony probation supervision is
approximately $4,600 per probationer per year. For any increase in prison intakes the average
1
"New Procedure for Security in the Michigan State Capitol Building", Michigan State Capitol
Commission. September 23, 2023. https://cdn.prod.website-
files.com/65c44bbccb9a41d80dd87dc3/66045f3da40f1f800b466732_Security-Procedure.pdf
2 "Michigan Bans Open Carry of Guns Inside State Capitol" PBS News. Retrieved 11-23-24.
https://www.pbs.org/newshour/politics/michigan-bans-open-carry-of-guns-inside-state-capitol
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annual cost of housing a prisoner in a State correctional facility is an estimated $48,700. Per
diem rates range from $100 to $431 per day (average per diem is $135), depending on the
security level of the facility. Additionally, any associated fine revenue would increase funding
to public libraries.
Senate Bill 858 (S-1) could have an indeterminate negative fiscal impact and an indeterminate
positive fiscal impact on State and local government. New misdemeanor arrests and
convictions under the bill could increase resource demands on law enforcement, court
systems, community supervision, and jails; however, it is unknown how many people would
be prosecuted under provisions of the bill. Local jail costs vary by jurisdiction and thus costs
for local governments would vary. Local revenue to local libraries could increase under the
bill as any additional revenue from imposed fines would go to local libraries.
Date Completed: 12-4-24 Fiscal Analyst: Joe Carrasco, Jr.
floor\sb857/858 Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.
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Statutes affected:
Senate Introduced Bill: 28.425
As Passed by the Senate: 28.425