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SB 338

Criminal procedure: sentencing guidelines; sentencing guidelines for certain tampering with evidence offenses by law enforcement officers; provide for. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x). TIE BAR WITH: SB 337'25

2025-2026 Regular Session Introduced by Sarah Anthony and 9 co-sponsors

Michigan bill establishing specific sentencing guidelines for law enforcement officers convicted of evidence tampering, creating accountability mechanisms within existing sentencing framework.

REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
#crimes:other #crimes:publicofficeandofficers #criminalprocedure:sentencingguidelines #lawenforcement:other
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Bill Summary · SB 338

Legislative bill overview

SB 338 amends Michigan's sentencing guidelines to establish specific sentencing parameters for law enforcement officers convicted of tampering with evidence. The bill creates a separate sentencing framework within the state's sentencing guidelines (MCL 777.16x) specifically addressing this offense when committed by police officers. It is tied to SB 337, suggesting coordinated legislation on related law enforcement accountability matters.

Why is this important

Evidence tampering by law enforcement undermines the integrity of the entire criminal justice system and can lead to wrongful convictions. Establishing clear sentencing guidelines for this offense signals legislative intent to hold officers accountable and provides judicial consistency in sentencing decisions. This addresses a gap where such crimes by police may have lacked specific guideline provisions, potentially resulting in inconsistent or lenient sentences.

Potential points of contention

  • Officer protections vs. accountability: Law enforcement unions may argue the guidelines are too harsh or could chill legitimate police work, while criminal justice reform advocates may argue they're insufficient deterrents
  • Defining the offense scope: Questions about whether this covers intentional tampering, negligent actions, or both; and whether it applies to all evidence types equally
  • Relationship to SB 337: The tie-bar creates uncertainty about what complementary provisions in the companion bill are necessary, and both bills may face unified opposition or support

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

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