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SB 895

Criminal procedure: sentencing; habitual offender guidelines; modify. Amends secs. 10, 11 & 12, ch. IX of 1927 PA 175 (MCL 769.10 et seq.).

2025-2026 Regular Session Introduced by Stephanie Chang and 1 co-sponsor

SB 895 refines Michigan’s habitual offender rules by tiering penalties by prior felonies, limits double-counting, requires indeterminate terms, and tightens parole rules.

REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
#criminalprocedure:habitualoffenders #criminalprocedure:sentencing
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Bill Summary · SB 895

Summary of SB 895 (2025-2026) – Michigan

Overview

SB 895 proposes changes to Michigan’s habitual offender sentencing framework in Chapter IX of the Code of Criminal Procedure (MCL 769.10 et seq.). The bill focuses on how sentencing courts may impose enhanced penalties for offenders with prior felony convictions who commit subsequent felonies, by modifying sections 10, 11, and 12 (as they currently exist and were amended in 2006 and 2012). It maintains the tiered approach based on the number of prior felonies and the severity of the subsequent offense, with specific rules on sentencing ranges, indeterminate terms, and parole eligibility. The bill was introduced by Sen. Sue Shink and has co-sponsors Sen. Stephanie Chang and Sen. Shink.

Main Purpose and Intent

  • To revise and potentially recalibrate the statutory framework for sentencing offenders who commit a subsequent felony after having prior felony convictions.
  • To specify how courts may sentence such offenders under three tiers, corresponding to 1) a single prior felony, 2) two or more prior felonies, and 3) three or more felonies (with additional provisions for serious crimes and major controlled substances).
  • To provide limits on how prior convictions can be used for enhancement, ensure consistency with existing constraints on counting multiple convictions, and outline parole eligibility timelines.

Key Provisions and Changes

Sec. 10 – One prior felony (subsequent felony case)

  • Applies when a person with a prior felony conviction commits a subsequent felony within Michigan.
  • For subsequent felonies first punishable by imprisonment shorter than life:
    • Court may place on probation or impose imprisonment up to 1.5 times the longest term of a first-conviction offense, or a lesser term.
  • For subsequent felonies first punishable by life:
    • Court may impose probation, life imprisonment, or a lesser term.
  • For major controlled-substance offenses:
    • Punishment follows Part 74 of the Public Health Code (MCL 333.7401 to 333.7461).
  • Limitation: No more than one conviction arising from the same transaction may be used as a prior felony.
  • Indeterminate sentencing: If imprisonment is imposed for any term of years, the court must set both minimum and maximum terms and ensure the maximum is not less than the maximum term for a first conviction.
  • Certain convictions may not be used to enhance under this section if already used to enhance under a different prohibition.
  • Ten-year look-back: Convictions with a discharge date or adjudication more than 10 years before the subsequent offense cannot be used for enhancement.

Sec. 11 – Two or more prior felonies (subsequent felony case)

  • Applies when a person has two or more prior felonies and commits a subsequent felony.
  • For subsequent felonies first punishable by imprisonment shorter than life:
    • Court may sentence to imprisonment up to twice the longest term for a first conviction (or lesser term).
  • For life-prison offenses:
    • Court may sentence to life or a lesser term.
  • For major controlled-substance offenses:
    • Punishment follows Part 74 of the Public Health Code.
  • Limitation: As above, only one conviction from the same transaction may be counted as a prior felony.
  • Indeterminate sentencing required; maximum cannot be less than the maximum term for a first conviction.
  • The 10-year look-back rule applies as above.
  • Parole: Current provisions on parole eligibility are not explicitly altered here beyond language mirroring the Sec. 12 framework.

Sec. 12 – Three or more prior felonies (subsequent felony case)

  • Applies when a person has three or more prior felonies and commits a subsequent felony.
  • For serious crimes or conspiracy to commit a serious crime with one or more listed prior felonies:
    • Mandatory minimum sentence of not less than 25 years (with only one prior-transaction exception).
  • For subsequent felonies first punishable by:
    • A maximum term of 5 years or more, or life: court may sentence to life or a lesser term.
    • A maximum term less than 5 years: court may sentence up to 15 years.
  • For major controlled-substance offenses:
    • Punishment follows Part 74 of the Public Health Code.
  • Counting rules, indeterminate sentencing, and 10-year look-back rules mirror Secs. 10 and 11.
  • Parole: Offenders sentenced under this section (or Secs. 10 or 11 for non-major CD offenses) are generally not eligible for parole until the minimum term fixed by the sentencing judge is served (subject to written approvals for earlier parole, as applicable).

Who Would be Affected

  • Defendants with multiple prior felonies who commit subsequent felonies within Michigan.
  • Courts determining sentencing for those defendants, particularly in cases involving:
    • Non-life felonies (shorter terms)
    • Life offenses
    • Major controlled substance offenses (Part 74 offenses)
    • “Serious crimes” as defined in the bill
  • Prosecutors and defense attorneys negotiating plea outcomes and sentencing recommendations tied to habitual offender enhancements.
  • Individuals potentially subject to stricter parole timelines when sentenced under these sections.

Procedural and Timeline Aspects

  • The bill proposes changes to sentencing guidelines that affect post-conviction penalties and probation/imprisonment terms.
  • It references sections and amendments already in the code (Sec. 10 and 11 as amended by 2006 PA 655; Sec. 12 as amended by 2012 PA 319), suggesting alignment with existing statutory structure.
  • Effective date: Not specified in the provided text; typically, Michigan bills specify an effective date if enacted. The current document indicates introduction and referral (April 14, 2026) to the Committee on Civil Rights, Judiciary, and Public Safety.

Summary

SB 895 seeks to refine Michigan’s habitual offender framework by clarifying sentencing options and constraints for offenders with prior felonies who commit new felonies. It establishes tiered sentencing schemes based on the number of prior felonies, maintains protections against double-counting convictions from the same transaction, enforces indeterminate sentencing standards, and preserves (or reiterates) parole considerations. It also provides explicit treatment for serious crimes and major controlled substance offenses.

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

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