This bill amends section 9 of the Michigan Compiled Laws regarding criminal liability, specifically addressing the requirements for establishing culpability in criminal offenses. It stipulates that a person is not guilty of a crime unless their liability is based on a voluntary act or an omission they are capable of performing, and they possess the requisite 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 outlines how different levels of culpability—intent, knowledge, recklessness, and negligence—interrelate in establishing elements of an offense.

Additionally, the bill introduces several definitions related to culpability and clarifies that being under the influence of substances is not a defense to a crime, although it allows for an affirmative defense in specific intent crimes if the defendant can prove they were unaware of their impairment due to legally consumed substances. The amendments also ensure that the prosecution retains the burden of proving the required culpable mental state for any offense. Notably, the bill specifies that it does not affect certain crimes under various Michigan laws, including the vehicle code and public health code.

Statutes affected:
Senate Introduced Bill: 8.9
As Passed by the Senate: 8.9