Summary — HB 5400 (PA 259 of 2024): Michigan Hate Crime Law Revision
Status & key dates
- Introduced: Jan 18, 2024 (Rep. Noah Arbit; companion/related sponsors include Rep. Kristian Grant and SB 2868 / HB 2753).
- Passed House and Senate; approved by the Governor: Jan 22, 2025.
- Filed with Secretary of State: Jan 22, 2025.
- Effective date: April 2, 2025.
- Statutory citation amended: MCL 750.147b. (Complementary sentencing guideline changes in HB 5401 / MCL 777.16g.)
Purpose / intent
- Replace and expand the existing ethnic intimidation statute with a broader hate crime offense that (1) lists protected characteristics (including actual or perceived characteristics), (2) defines conduct that constitutes a hate crime, (3) prescribes felony penalties with tiered increases for aggravating factors and repeat offenses, and (4) preserves free speech protections.
Main substantive changes & key provisions
- Replaces the term “ethnic intimidation” with “hate crime” and specifies that an individual is guilty if, maliciously and intentionally, they commit any of the following against a person based in whole or in part on an actual or perceived protected characteristic:
- Use force or violence.
- Cause bodily injury.
- Stalk (per existing section 411h definition).
- Damage, destroy, or deface property without consent.
- Make a “true threat” to engage in the above conduct (true threat defined; includes communications made with reckless disregard; not punishable if speaker was unaware the statement could be regarded as threatening).
- Expanded list of protected characteristics: race/color, religion, sex, sexual orientation, gender identity/expression, physical/mental disability, age, ethnicity, national origin, and association/affiliation based on those traits.
- Penalties (felony, tiered):
- First violation for “true threat” (subsection (1)(e)): up to 2 years imprisonment or fine up to $5,000, or both.
- First violation of force/bodily injury/stalking/property-damage, or a second+ violation of (e): up to 5 years or fine up to $10,000, or both.
- Second+ violation of force/bodily injury/stalking/property-damage, or if offense committed in concert, against a victim under 18 by offender ≥19, or while possessing a firearm/other dangerous weapon: up to 10 years or fine up to $15,000, or both.
- Alternative sentencing (restorative/community education):
- For first (e) offense: court may, with defendant’s consent, impose an alternative sentence (may include community service focused on understanding harm).
- For other tiers: court may reduce penalty up to 20% and impose an alternative sentence with defendant’s consent.
- Courts must consider offender criminal history, victim/community impact, availability of alternatives, and nature of the violation.
- Sentencing enhancements & procedure:
- Prosecutor must allege prior qualifying prior convictions on the complaint/information. Existence of priors is determined by the court (not jury) at sentencing or separate hearing; prior convictions may be proven by various records or the defendant’s statement.
- Civil remedy:
- Victims may bring civil actions regardless of criminal prosecution; prevailing plaintiffs may recover 3x actual damages or $25,000 (whichever is greater), plus reasonable attorney fees and costs (increase from prior minimums).
Who is affected
- Potential criminal defendants: individuals whose violent, threatening, stalking, or property-destructive acts are motivated (in whole or in part) by a protected characteristic.
- Victims: expanded protections and larger civil recovery potential.
- Criminal justice system: law enforcement, prosecutors, courts, probation/parole, corrections, community service providers.
- Fiscal stakeholders: state and local budgets (possible increased felony prosecutions, probation caseloads, and prison intakes).
Fiscal impact (summary from legislative analyses)
- Likely negative fiscal impact on state and local government due to more felony arrests/convictions. Examples cited:
- Average annual state cost for felony probation supervision ≈ $5,100 per probationer (2023 data).
- Average annual cost to house a prisoner in state correctional facility ≈ $45,700; per diem $98–$192 depending on security level.
- HB 5401 (sentencing guideline changes) has an indeterminate state fiscal impact because Michigan’s sentencing guidelines are advisory (People v. Lockridge).
Other notable points
- The statute explicitly states it does not enjoin an individual’s exercise of the constitutional right to free speech.
- Courts may order hate crime sentences to run consecutively to other sentences arising from the same conduct.
- HB 5401 implements parallel changes to sentencing guidelines; impacts on actual sentencing practice remain subject to judicial discretion.
