The bill amends section 9 of the 1846 RS 1 statute, which outlines the requirements for establishing criminal liability in Michigan. It specifies that a person cannot be found guilty of a criminal offense unless their actions involve either a voluntary act or an omission of a duty they are capable of performing, and they possess the necessary degree of culpability as defined by the offense. The bill clarifies that if a statute does not specify a degree of culpability, strict liability may apply, and it emphasizes that the prosecution must prove the required culpable mental state for any offense.

Additionally, the bill introduces several changes to the language regarding culpability and defenses related to intoxication. It states that being under the influence of substances is not a defense to a crime, except in specific intent crimes where the defendant can prove they did not know they would become impaired after consuming a legally obtained substance. The bill also includes definitions for terms such as "culpable," "intent," "knowledge," "negligence," and "recklessness," which are essential for understanding the mental states required for various offenses. The enactment of this bill is contingent upon the passage of Senate Bill No. 360.

Statutes affected:
Senate Introduced Bill: 8.9