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SB 1085

Crimes: other; adultery law; repeal. Repeals secs. 29, 30, 31 & 32 of 1931 PA 328 (MCL 750.29 et seq.).

2023-2024 Regular Session Introduced by Jeff Irwin

Repeals Michigan adultery and cohabitation statutes (MCL 750.29–750.32), removing criminal penalties and sentencing references; no expected fiscal impact.

placed on second reading
#crimes:other #crimes:penalties
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Bill Summary · SB 1085

SB 1085 — Repeal of Michigan adultery statutes (MCL 750.29–750.32)

Status: Placed on second reading (House); introduced to Senate 11/07/2024 (Sen. Jeff Irwin). Companion bills: SB 1083 and SB 1084 (tie‑barred); House companions HB 1022 and HB 1365.

Main purpose

To remove from the Michigan Penal Code the criminal statutes that define and penalize adultery and the cohabitation of divorced parties (MCL 750.29–750.32), and thereby eliminate adultery as a criminal offense under state law.

Key provisions

  • Repeals MCL 750.29–750.32 (formerly sections 29–32 of the 1931 Penal Code):
    • Section 29: statutory definition of “adultery” (sexual intercourse where one or both parties are married to someone else).
    • Section 30: criminal penalty for adultery — previously a felony punishable by up to 4 years’ imprisonment and/or a fine (House analysis notes a fine up to $5,000).
    • Section 31: procedural limit — prosecution allowed only on complaint of the husband or wife and must be commenced within one year of the offense.
    • Section 32: made cohabitation by divorced persons subject to the same penalties as adultery.
  • SB 1083 (tie‑barred): removes the adultery example/“form” used in indictment wording (MCL 767.44).
  • SB 1084 (tie‑barred): removes adultery and cohabitation-of-divorced‑parties from the sentencing‑guideline provisions (MCL 777.16a), where they were listed as Class H felonies (statutory max 4 years). SB1084’s changes take effect only if SB1085 is enacted.

Who is affected

  • Individuals: Persons who could theoretically have been charged under these statutes (including formerly married, married, or divorced people cohabiting) — in practice, enforcement has been dormant for decades.
  • Courts and prosecutors: Removes the (largely unused) statutory basis for adultery prosecutions and related sentencing guideline entries.
  • No direct regulatory or program impacts on other agencies.

Rationale and enforcement history

  • Committee testimony and analyses note that Michigan’s no‑fault divorce law (1972) and subsequent practice mean these provisions have not been enforced in many decades. Repeal is intended to remove obsolete criminal penalties.

Fiscal impact and timing

  • Nonpartisan Senate and House fiscal analyses conclude no meaningful fiscal impact on state or local governments or on courts. SB1084 may have an indeterminate State fiscal impact only in the abstract because sentencing guidelines are advisory (People v. Lockridge, 2015); in practice, removal is not expected to generate costs or savings.
  • Procedural notes: SB1083 and SB1084 are tie‑barred to SB1085 (they take effect only with SB1085). Recent legislative actions show the measure reported favorably without amendment in committee and progressed to second reading.

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

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