Bill
HB 5125
The bill imposes up to a 10-year consecutive prison enhancement for thefts involving cargo defined as commercial shipments, with notice to prosecutors.
Title: Crimes: penalties; enhanced penalties for theft of cargo; provide for. Amends 1931 PA 328 (MCL 750.1–750.568) by adding sec. 356e.
Status and procedural history
- Filed: March 13, 2025 (House Bill No. 5125). Bill electronically reproduced October 23, 2025.
- Introduced / Sponsor: Rep. Mike Harris; co-sponsors listed in the introduced text include Reps. Frisbie, Rigas, Outman, Wozniak, Greene, Linting, and Kunse.
- Committee referrals: Referred to Public Education on 04/07/2025; later (10/23/2025) read and referred to the Committee on Judiciary.
- Effective date: The bill takes effect 90 days after enactment into law.
Purpose and intent
The bill creates a statutory sentencing enhancement specifically for thefts in which the property stolen qualifies as "cargo." The intent is to add additional penalties for thefts that target commercial shipments and freight moving in commerce.
Key provisions
- Enhanced sentence: A person who commits an offense under the Michigan Penal Code in which the property stolen is cargo "may be subject to an enhanced sentence of an additional term of imprisonment of not more than 10 years." (New MCL 750.356e(1).)
- Charging requirement: If the prosecuting attorney intends to seek the enhancement, the complaint and information must include a statement that the defendant is subject to the enhanced sentence. (Subsec. (2).)
- Consecutive terms: Any enhanced term imposed under this section must run consecutively to any term imposed for another violation arising from the same transaction. (Subsec. (3).)
- Definitions:
- "Cargo": broadly defined to include goods, chattels, money, or baggage that constitute, in whole or part, a commercial shipment of freight moving in commerce from pipelines, railroad cars, trucks, vessels, aircraft, intermodal containers, warehouses, freight distribution or consolidation facilities, tanks, platforms, depots, terminals, etc. The definition expressly excludes "direct-to-consumer goods." (Subsec. (4)(a).)
- "Moving in commerce": defined as all points from origin to final destination, including temporary stops while awaiting transshipment. (Subsec. (4)(b).)
Who would be affected
- Defendants: Individuals convicted of theft offenses where the stolen property meets the bill’s cargo definition could face up to 10 additional years in prison, imposed consecutively.
- Prosecutors: Must expressly notify defendants via charging documents if enhancement is sought.
- Courts and corrections: Potential for longer aggregate sentences and increased prison commitments.
- Businesses and supply-chain stakeholders: The change targets protection of commercial shipments (trucking, rail, ports, warehouses); insurers and employers in logistics may be affected indirectly.
- Exclusions: Residential or direct-to-consumer package thefts are not covered by the cargo definition.
Potential impacts and considerations
- Deterrence: Seeks to deter organized or large-scale theft of freight and shipments.
- Sentencing consequences: Gives prosecutors discretion to pursue a substantial consecutive enhancement, which may increase overall time served for multi-count or transaction-related offenses.
- Administrative effects: Could increase charging complexity (notice requirement), plea negotiations, and correctional system population depending on enforcement patterns.
- Scope: The explicit exclusion of direct-to-consumer goods narrows application away from individual parcel thefts and toward commercial freight.
Amendment reference
- Adds new section 356e to the Michigan Penal Code (1931 PA 328; MCL 750.1–750.568).
Compiled from official sources — confirm details with the bill’s official record.
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