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SB 1084

Criminal procedure: sentencing guidelines; guidelines for crimes related to adultery; remove to reflect repeal. Amends sec. 16a, ch. XVII of 1927 PA 175 (MCL 777.16a).

2023-2024 Regular Session Introduced by Jeff Irwin

SB 1084 removes adultery and post-divorce cohabitation from Michigan sentencing guidelines, aligning with SB 1085 repeal; no new penalties anticipated.

placed on second reading
#crimes:other #criminalprocedure:sentencingguidelines
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Bill Summary · SB 1084

Summary — SB 1084 (Amend MCL 777.16a)

Subject: Criminal procedure — remove sentencing guideline entries for adultery and cohabitation of divorced parties to reflect repeal

Purpose / Intent

SB 1084 updates Michigan’s Code of Criminal Procedure (chapter XVII) by removing the sentencing-guidelines entries for the crimes of adultery and cohabitation of divorced parties. The change is intended to align the guidelines chapter (MCL 777.16a) with a companion repeal of the substantive adultery offenses in the Michigan Penal Code (Senate Bill 1085). SB 1083 is also related (removes an indictment/form reference for adultery). SB 1084 is tie‑barred to SB 1085 (it takes effect only if SB 1085 is enacted).

Key provisions

  • Amends MCL 777.16a (chapter XVII of the Code of Criminal Procedure) to delete the sentencing-guidelines listings for:
    • MCL 750.30 — Adultery (currently a Class H felony)
    • MCL 750.32 — Cohabitation of divorced parties (currently a Class H felony)
  • Leaves intact the structure of the guidelines chapter otherwise; the amendment simply removes those two offenses from the list of felonies enumerated in chapter 750.
  • Enacting section conditions effectiveness on enactment of SB 1085 (the repeal of the substantive adultery/cohabitation statutes).

Who is affected

  • Prosecutors, defense attorneys, and judges: removes guideline references for these offenses so sentencing guidance no longer appears in the chapter for crimes that are being repealed.
  • Potential defendants: if the companion repeal (SB 1085) is enacted, the underlying criminal prohibitions would be removed — eliminating the possibility of prosecution under those statutes going forward.
  • Corrections and state criminal justice system: minimal likelihood of change because prosecutions under these statutes have been historically rare or non‑enforced.

Penalties and background detail

  • Under current law (prior to repeal), adultery and cohabitation of divorced parties are Class H felonies with a statutory maximum of up to 4 years imprisonment (and related fines — historically up to $5,000).
  • Committee testimony and analyses note these statutes have not been enforced in decades (post–no‑fault divorce era), motivating repeal and removal from the sentencing guidelines.

Fiscal and procedural implications

  • Fiscal impact: Committee and fiscal analyses conclude no fiscal impact on local governments and an indeterminate impact on the State. Because the Michigan Supreme Court’s decision in People v. Lockridge (2015) rendered the guidelines advisory statewide, removing entries from the guidelines is not expected to compel particular sentencing outcomes — so any fiscal effect (e.g., prison commitments) is speculative and depends on judicial decisions.
  • Court/agency impact: no anticipated effects on State or local courts or the Attorney General’s office beyond administrative updates to statutory cross‑references.
  • Procedural/timeline: SB 1084 is tie‑barred to SB 1085 and will not take effect independently. As of the latest committee materials, SB 1084 had been reported favorably (substitute) and placed on second reading in the Senate.

Bottom line

SB 1084 removes adultery and post‑divorce cohabitation offenses from the sentencing‑guidelines chapter to conform the criminal procedure code to an expected repeal of those penal provisions. The change is primarily statutory housekeeping to eliminate obsolete criminal sentencing entries; it is not designed to create new penalties and is not expected to have a measurable fiscal effect.

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

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