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HB 5888

Criminal procedure: sentencing guidelines; sentencing guidelines for sexual extortion and aggravated sexual extortion; provide for. Amends sec. 16l, ch. XVII of 1927 PA 175 (MCL 777.16l).

2023-2024 Regular Session Introduced by Joey Andrews and 25 co-sponsors

Adds sexual-extortion offenses to sentencing guidelines, assigning classes and max terms for offenses involving sexually explicit material.

assigned PA 262'24
#crimes:criminalsexualconduct #crimes:obscenity #crimes:penalties #criminalprocedure:sentencingguidelines
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Bill Summary · HB 5888

Summary — HB 5888 (PA 262 of 2024)

Status: Enacted as Public Act No. 262 (approved Jan. 22, 2025); effective date: April 2, 2025 (see contingency below)
Sponsor: Rep. Kara Hope (with multiple co-sponsors)

Purpose / Intent

HB 5888 amends the Code of Criminal Procedure (1927 PA 175) by adding newly created sexual-extortion offenses to the state sentencing guidelines (MCL 777.16l). The substantive criminal offenses are established in companion legislation (House Bill 5887); HB 5888 only places those offenses into the sentencing guideline structure so judges can determine offense classes and sentencing ranges.

Key provisions

  • Amends section 16l of Chapter XVII of the Code of Criminal Procedure (MCL 777.16l) to list the new sexual-extortion felonies among the felonies to which the sentencing guidelines apply.
  • Inserts the following entries (statutory references refer to proposed MCL 750.213b):
    • 750.213b(1)(a): Extortion involving sexually explicit visual material — first offense — Class E (statutory maximum 5 years).
    • 750.213b(1)(b): Extortion involving sexually explicit visual material — second offense — Class D (statutory maximum 10 years).
    • 750.213b(1)(c): Extortion involving sexually explicit visual material — third or subsequent offense — Class B (statutory maximum 20 years).
    • 750.213b(2): Aggravated extortion involving sexually explicit visual material (certain aggravating factors) — Class B (statutory maximum 20 years).
  • Retains existing instruction for offenses under MCL 750.213a(3)(a) (coercing a female to have an abortion) to determine class based on the underlying offense.
  • Enacting clause conditions: the amendatory act includes an enacting section stating it does not take effect unless House Bill No. 5887 of the 102nd Legislature is enacted into law (HB 5887 creates and defines the substantive sexual-extortion crimes).

Who is affected

  • Defendants charged and convicted under the new sexual-extortion statutes (the bill assigns offense classes and connects them to the sentencing guidelines).
  • Courts, prosecutors, and defense counsel — will use the sentencing grid/classifications when imposing sentences for these offenses.
  • State and local corrections systems and probation/parole — potentially affected by any increase in felony convictions (HB 5887 carries the underlying penalties).

Fiscal and procedural notes

  • House Fiscal Agency: HB 5888 itself is not projected to have a direct fiscal impact; fiscal impacts stem primarily from HB 5887 (unknown number of additional convictions could increase prison and supervision costs).
  • Legislative timeline (selected): introduced June 27, 2024; substitute adopted and passed House Dec. 13, 2024; passed Senate Dec. 20, 2024; enrolled and presented to Governor; approved Jan. 22, 2025; assigned Public Act No. 262 of 2024.
  • Effective date listed as April 2, 2025, but the statute includes a contingency that the act does not take effect unless HB 5887 is enacted — readers should confirm whether HB 5887 was enacted to determine whether HB 5888’s sentencing provisions are in force.

Related bills

  • HB 5887 — creates the criminal offenses for extortion involving sexually explicit visual material (substantive penalties and definitions).
  • HB 5889 — would require educational notices and policies in schools regarding the new offense (separate bill).

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

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