Criminal procedure: sentencing guidelines; sentencing guidelines for delivery of controlled substance causing serious injury; provide for. Amends secs. 72, 73, 74, 75, 76, 77 & 78 of 1931 PA 328 (MCL 750.72 et seq.). TIE BAR WITH: HB 5157'25

2025-2026 Regular Session Introduced by Tom Kuhn and 2 co-sponsors

Adds delivery of a controlled substance causing serious injury as a highest-severity, life-max offense in sentencing guidelines, affecting ranges and penalties.

bill electronically reproduced 10/29/2025

#crimes:controlledsubstances #criminalprocedure:sentencingguidelines

Summary — HB 5158 (House Bill)

Title: Criminal procedure: sentencing guidelines; sentencing guidelines for delivery of controlled substance causing serious injury; provide for.
Introduced: March 14, 2025 (filed); latest version electronically reproduced 10/29/2025; introduced Oct. 29, 2025 by Rep. Tom Kuhn.
Status: Read first time; referred to Committee on Judiciary.
Tie-bar: HB 5157 (and an unnamed Senate bill) — bill contains a contingency that it does not take effect unless the companion bill(s) are enacted.
Effect if enacted: Takes effect 90 days after enactment (subject to the tie-bar).

Main purpose / intent

HB 5158 amends Michigan’s sentencing-guidelines statute (MCL 777.16d) to include the offense “delivery of a controlled substance causing serious injury” (MCL 750.89a) among the felonies listed in Chapter XVII of the Code of Criminal Procedure. The bill assigns that offense a specific offense classification under the sentencing-guidelines scheme.

Key provisions

Amends section 16d of Chapter XVII (MCL 777.16d) to list a series of chapter 750 felonies and their guideline classifications.

Adds or identifies MCL 750.89a (Delivery of a controlled substance causing serious injury) as a “Person A” offense in the Chapter XVII list.

For 750.89a the bill lists the statutory maximum penalty as “Life.”

Includes enactment provisions: effective 90 days after enactment and conditioned on passage of the tied companion bill(s).

What this changes / legal effect

Placement in MCL 777.16d means the offense (delivery causing serious injury) is explicitly incorporated into the state’s sentencing-guidelines framework and is assigned an offense severity classification of “Person A” (the highest severity level used by the guidelines).

Because the offense is listed with a statutory maximum of life, its inclusion at the Person A severity level will influence how judges and parties calculate guideline ranges and presumptive sentences under the guidelines matrix. This may lead to higher recommended guideline ranges compared with lower-severity classifications.

Who is affected

Defendants charged with MCL 750.89a (delivery of a controlled substance causing serious injury).

Prosecutors and defense counsel in plea negotiations and sentencing proceedings.

Trial courts that apply the sentencing guidelines, and the Department of Corrections (potential sentence length and classification implications).

Indirectly, victims and communities affected by serious-injury drug deliveries (through sentencing outcomes).

Procedural / timeline notes

Introduced and read; currently referred to Judiciary Committee.

The bill is tie‑barred to HB 5157 (and an unnamed Senate bill) — it will not take effect unless those companion measures are enacted.

If enacted, it becomes effective 90 days after the governor signs it into law (or otherwise it becomes law).

Note: The bill text provided focuses on the amendment to MCL 777.16d (sentencing-guidelines listing). The bill caption also references amendments to sections of the Controlled Substances Act (MCL 750.72 et seq.), and it is tie‑barred to related legislation; readers should consult the companion bill(s) (HB 5157 and the referenced Senate bill) for related substance‑specific statutory changes and the full legislative package.