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SB 389

Criminal procedure: sentencing guidelines; sentencing guidelines for driver causing death of blind person or dog guide in crosswalk; enact. Amends sec. 17b, ch. XVII of 1927 PA 175 (MCL 777.17b). TIE BAR WITH: SB 0388'25

2025-2026 Regular Session Introduced by Sam Singh

Michigan bill establishing harsher sentencing guidelines for drivers who kill blind pedestrians or dog guides in crosswalks to increase accountability for deaths of vulnerable street users.

REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
#criminalprocedure:sentencingguidelines #disabilities:other
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Bill Summary · SB 389

Legislative bill overview

SB 389 proposes amending Michigan's sentencing guidelines to establish specific sentencing provisions for drivers who cause the death of a blind person or dog guide while in a crosswalk. The bill is tied to SB 388, suggesting coordinated legislation on this issue. This appears to target a specific criminal scenario that may not be adequately addressed under current sentencing frameworks.

Why is this important

Current sentencing guidelines may treat deaths caused by drivers hitting blind pedestrians or their service animals the same as other vehicular fatalities, potentially not reflecting the particular vulnerability of blind individuals or the intentionality sometimes involved in failing to yield to pedestrians in crosswalks. This bill seeks to ensure sentencing reflects the specific circumstances of these incidents and potentially increases accountability for drivers who strike protected pedestrians.

Potential points of contention

  • Specificity versus fairness: Critics may argue that creating separate sentencing guidelines for deaths involving blind persons versus other vulnerable pedestrians could raise equal protection concerns or create arbitrary distinctions in the criminal code.
  • Causation and intent: Questions about whether the driver's awareness of the person's blindness should factor into sentencing, and how to distinguish negligence from recklessness in these specific scenarios.
  • Scope concerns: Unclear whether the bill applies only when the driver knew or should have known the victim was blind, or applies universally to all such deaths, which could significantly impact sentencing ranges.

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

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