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HB 5401

AN ACT RELATING TO TAXATION -- SALES AND USE TAXES -- LIABILITY AND COMPUTATION

2025 Regular Session Introduced by Dick Fascia and 5 co-sponsors

HB 5401 updates Michigan's sentencing guidelines to map hate-crime offenses to guideline categories, conditional on HB 5400 enacting into law.

04/10/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5401

Summary — HB 5401 (Enrolled/PA 260'24)

Subject: Criminal procedure — sentencing guidelines; sentencing guidelines for the commission of a hate crime (amends MCL 777.16g)

Main purpose

HB 5401 updates Michigan’s sentencing-guidelines statute (MCL 777.16g) to incorporate and classify a set of felony offenses that arise from the hate‑crime reforms in companion bill HB 5400. In short, it maps newly defined hate‑crime–related offenses (and related statutory offenses) to offense categories and prior‑record variable levels used by the state sentencing guidelines.

Key provisions / changes

  • Amends section 16g of chapter XVII of the Code of Criminal Procedure (MCL 777.16g) to list the specific felony offenses to which the sentencing‑guidelines chapter applies.
  • Adds the hate‑crime–related provisions (cross‑referencing MCL 750.147b and 750.147c) and assigns offense‑category designations for those offenses:
    • 750.147b(3)(a) — person offense, Category G
    • 750.147b(3)(b) — person offense, Category E
    • 750.147b(3)(c) — person offense, Category D
    • 750.147c(2) and 750.147c(3) — property offenses (institutional desecration) assigned to Categories D and E depending on dollar thresholds and prior convictions
  • Clarifies that for violations of MCL 750.145d (use of internet/computer to commit specified crimes), the offense category/variable levels are determined by the underlying offense.
  • Replaces prior references to ethnic intimidation with the new hate‑crime–related offenses consistent with HB 5400.
  • Includes an enactment condition: the amendatory act does not take effect unless HB 5400 (the companion hate‑crimes bill) is enacted into law.

Affected parties and systems

  • Defendants charged with the newly defined hate‑crime offenses or the listed related felonies.
  • Prosecutors and courts — will apply the guideline classifications when preparing or considering recommended sentences.
  • Victims of hate‑crime offenses (may be affected by enhanced penalties and sentencing practice).
  • State corrections and community supervision systems may be affected indirectly if the companion bill produces more or more‑serious felony convictions.

Fiscal and practical impacts

  • The bill itself (HB 5401) was assessed as having no direct fiscal impact on local government and an indeterminate impact on the State. That indeterminacy reflects Michigan Supreme Court precedent (People v. Lockridge) holding the sentencing guidelines advisory — judges are not compelled to follow the grid, so actual prison/probation impacts depend on judicial decisions and future case outcomes.
  • The companion substantive hate‑crimes bill (HB 5400) could increase felony convictions/arrests and thereby produce negative fiscal impacts on law enforcement, courts, probation, and corrections (estimates cited in committee analyses: ~$5,100/year per probationer; ~$45,700/year per additional prison intake; per‑diem prison costs $98–$192).

Timing / procedural status

  • Enrolled as Public Act No. 260 (Public Acts of 2024) with signatures indicated in the legislative record; the enrolled text contains an explicit enactment condition tying its effective operation to passage of HB 5400.
  • Effective date shown in the enrolled package: April 2, 2025 (subject to the conditional enactment clause noted above).

Bottom line

HB 5401 is a technical but consequential update to Michigan’s sentencing‑guideline statute that integrates the statutory classifications for the hate‑crime offenses created or modified by HB 5400. Because sentencing guidelines are advisory in Michigan, the law establishes how those offenses are treated under the guidelines framework, while actual sentencing and fiscal outcomes will depend on prosecutorial charging, judicial sentencing choices, and whether HB 5400 takes effect.

Compiled from official sources — confirm details with the bill’s official record.

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