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HB 5155

Criminal procedure: defenses; duress as a defense to murder of the second degree; prohibit. Amends sec. 317 of 1931 PA 328 (MCL 750.317).

2025-2026 Regular Session Introduced by Tom Kuhn

HB 5155 bars duress as a defense to Michigan's second-degree murder; the crime's penalties stay unchanged.

bill electronically reproduced 10/29/2025
#crimes:homicide #criminalprocedure:defenses
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Bill Summary · HB 5155

Summary — HB 5155 (Amendment to MCL 750.317: Second‑Degree Murder; Duress)

Overview / Purpose

HB 5155 amends Michigan’s second‑degree murder statute (MCL 750.317) to make duress unavailable as a legal defense to a prosecution for second‑degree murder. The bill adds an explicit provision stating that duress is not a defense to a prosecution under that section. The underlying punishment provision for second‑degree murder (imprisonment for life or any term of years) is unchanged.

Key provisions

  • Amends MCL 750.317 by adding subsection (2): “Duress is not a defense to a prosecution under this section.”
  • Leaves existing language on the crime and penalties for second‑degree murder intact.

Who or what is affected

  • Defendants charged with second‑degree murder in Michigan: a claim that the defendant committed the offense because they were coerced or under duress (for example, threatened with death or serious injury) will not be accepted as a legal defense to that charge under this statute.
  • Criminal defense attorneys: reduction in available defenses in second‑degree murder cases; may alter trial strategy and plea negotiations.
  • Prosecutors and courts: may bring and adjudicate second‑degree murder cases without weighing duress as a statutory defense; courts may still consider evidence of coercion for other purposes (e.g., credibility, mitigation at sentencing) unless barred by other law or constitutional protections.
  • Victims and communities: potential policy impact on cases involving coercion, human trafficking, gang coercion, or domestic abuse contexts where defendants claim they were forced to act.

Procedural history & effective date

  • Introduced: March 14, 2025 (Rep. Tom Kuhn).
  • Passed both chambers in May 2025; enrolled and sent to the Governor.
  • Signed by the Governor: June 20, 2025.
  • Effective date: September 1, 2025 (the bill’s enacting section provides it takes effect 90 days after enactment; the enacted/posted effective date is Sept. 1, 2025).

Notes and considerations

  • The amendment is narrowly focused: it does not change the statutory elements or penalties of second‑degree murder, only the availability of duress as a statutory defense to that offense.
  • The bill does not specify retroactive application; typical legal practice is that statutes apply prospectively unless expressly stated or judicially determined otherwise.
  • While duress is removed as a defense to second‑degree murder under state statute, constitutional claims (e.g., due process, Eighth Amendment challenges) or use of coercion evidence for other legal purposes are not expressly addressed by the text of this bill.

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

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