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HB 5588

Criminal procedure: sentencing guidelines; sentencing guidelines for crimes against animals; revise. Amends sec. 1, ch. XVII of 1927 PA 175 (MCL 777.1).

2023-2024 Regular Session Introduced by Abraham Aiyash and 21 co-sponsors

Defines companion animal in Michigan's sentencing guidelines, enabling consistent scoring of pet/service-animal crimes in related bills.

PLACED ON IMMEDIATE PASSAGE
#crimes:animals #criminalprocedure:sentencingguidelines
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Bill Summary · HB 5588

HB 5588 — Summary: Definition of "Companion Animal" for Sentencing Guidelines

Status: Placed on Immediate Passage; Passed House (June 20, 2024).
Introduced: March 14, 2024. Sponsor: Rep. Veronica A. Paiz (with multiple cosponsors). Related/companion bill: SB 2222.

Purpose / Intent

HB 5588 adds a statutory definition of “companion animal” to Chapter XVII (sentencing guidelines) of the Michigan Code of Criminal Procedure (MCL 777.1). The primary purpose is to supply a clear, uniform term that other bills amending sentencing guideline scoring (HBs 5587–5593) can reference when addressing crimes that harm pets or service animals. Defining the term in Chapter XVII allows the sentencing guidelines to treat harm to animals consistently across offense variables.

Key provision

  • Amends section 1 of Chapter XVII (MCL 777.1) to add the term:
    • "Companion animal" means the term as defined in section 50b of the Michigan Penal Code (MCL 750.50b).

(Section 50b of the Penal Code broadly covers animals commonly considered pets, animals an owner considers a pet, and includes service animals as defined by relevant statutes/regulations.)

Context and Related Changes

  • HB 5588 is part of a package (HBs 5587–5593) that would add offense-variable scoring for crimes involving pets/service animals in Michigan’s sentencing guidelines. Those related bills propose explicit point values for harm to companion animals under offense variables such as:
    • Offense Variable 1 (aggravated use of a weapon): e.g., discharging a firearm at a companion animal (15 points) vs. at a human (25 points).
    • Offense Variable 3 (physical injury): e.g., death of a companion animal scored (50 points in some contexts) or lesser points for serious injury.
    • Offense Variable 7 (aggravated physical abuse): scoring for each companion animal placed in danger, analogous to current scoring for human victims.
  • HB 5588 itself only supplies the definition; the scoring changes are in the companion bills.

Who is affected / potential impact

  • Judges and sentencing practitioners: provides a defined term within Chapter XVII that enables consistent application of sentencing guideline provisions when offenses involve animals.
  • Defendants: may face higher guideline scores (and thus higher recommended sentences) when companion animals are harmed if companion sentencing amendments (the related bills) are adopted.
  • Animal owners and service-animal users: clearer statutory recognition in sentencing policy that harm to companion animals is a considered sentencing factor.

Procedural / Timeline notes

  • Introduced March 14, 2024.
  • Passed the Michigan House with immediate effect (recorded votes June 20–25, 2024).
  • Referred to relevant Senate committees after House passage; continued committee referrals noted into 2025 (e.g., Ways & Means, Civil Rights/Judiciary/Public Safety).
  • Companion legislation (HBs 5587–5593 and SB 2222) contains the substantive sentencing-point changes that rely on this definition.

Legal reference

  • Amends: 1927 PA 175, The Code of Criminal Procedure — Chapter XVII, Sec. 1 (MCL 777.1).
  • Cross-reference: Michigan Penal Code § 750.50b (definition of companion animal).

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

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