Bill
HB 5917
HB 5917 would broadly raise penalties for many crimes, expand sentence enhancements and asset forfeiture, and tighten procedures affecting enforcement and victims.
HB 5917 (Michigan, 2025-2026) – Comprehensive overview
Purpose and intent
- The bill proposes broad amendments to Michigan’s penal code (the 1931 Public Act 328), expanding, clarifying, and raising the penalties for a wide range of criminal offenses, particularly violent crimes, crimes against public order, and crimes involving victims such as health professionals, family/household members, children, and vulnerable populations.
- In many sections, the bill raises maximum penalties (lifelong imprisonment or long-term sentences) and adds or clarifies enhanced penalties when aggravating factors are present.
- The bill also introduces or expands criminal forfeiture and asset-seizure authority in certain cases, and it tightens certain offenses involving intimidation of witnesses, interference with official proceedings, and child-related crimes.
Key provisions and changes (select highlights)
- General assault and aggravated assault (Sections 81, 81a, 82, 83, 84, 85, 86, 87, 88, 89, 91)
- Substantially increases penalties for assault and related offenses, including when the victim is a health professional or medical volunteer, or when the assault occurs in relation to domestic or dating relationships.
- Establishes elevated penalties for repeat offenses and specifies when sentences may run consecutively to other offenses.
- Adds explicit provisions for health facilities and related notice requirements about enhanced penalties.
- Assault on public health workers and “health facility” provisions
- Reiterates and tightens protections for health professionals and medical volunteers; requires posting signs in facilities about enhanced penalties.
- Assaults in defense of public servants and “duty-bound” contexts (Sec. 81d)
- Creates escalating penalties for assaults (and related acts) against individuals performing official duties (police, public safety, health workers, etc.), with tiered penalties based on injury severity.
- Allows consecutive sentencing in some cases and expands definition of “dangerous” or “serious” outcomes linked to bodily harm.
- Home invasion (Sec. 110a)
- Defines three degrees of home invasion with tiered penalties and weapons protections; allows consecutive sentences in certain cases; and clarifies that penalties can apply alongside other offenses.
- Burglary-related offenses (Sec. 111)
- Increases penalties for breaking into any dwelling with intent to commit a felony or larceny, and defines interactions with other criminal activity.
- Witness intimidation and official proceedings (Sec. 122)
- Prohibits bribery or coercion to influence witnesses or testimony; imposes severe penalties for intimidation or retaliation against witnesses.
- Creates enhanced penalties for certain high-severity or life-imprisonment scenarios; allows consecutive sentencing for related offenses and imposes procedural requirements for proof of prior convictions used to enhance sentences.
- Child abuse and related protections (Sec. 136b)
- Establishes three degrees of child abuse with escalating penalties based on harm severity, omissions, or risk of harm.
- Provides affirmative defenses related to domestic violence context and domestic violence definitions.
- Allows stacking of prior convictions for enhanced sentencing; includes aggregation rules for evaluating multiple offenses over time.
- Child sexual abuse material and acts (Secs. 145a, 145c)
- Significantly expands criminalization and penalties for soliciting, inducing, or engaging in acts with minors; broad definitions of “child,” “listed sexual acts,” and “child sexually abusive material.”
- Increases penalties for producing, distributing, or possessing child sexual abuse material, with tiered penalties based on child age (prepubescent, 18+, etc.) and the volume or nature of the material (e.g., more than 100 images, involvement of sadomasochistic acts, bestiality).
- Provides procedural requirements for defense notices (e.g., notice of intent to offer age challenge defense) and confidentiality provisions for processors and computer technicians who report material to law enforcement.
- Sets standards for expert age testimony, access restrictions to visual material at trial, and statewide applicability.
- Forfeiture and financial penalties (Sec. 159j)
- Establishes criminal forfeiture for violations related to certain crimes, with court-supervised determination of costs, property disposition, and potential dissolution or reorganization of enterprises to prevent future crime.
- Provides authority to recover investigation and prosecution costs, and outlines procedures for handling seized assets and funds.
- Embezzlement and financial crimes (Secs. 174, 174a)
- Increases penalties for embezzlement based on value thresholds; consolidates aggregation rules for multiple incidents; and allows concurrent sentencing with other offenses.
- Defines penalties for embezzlement from nonprofits or charitable organizations and older or vulnerable victims; permits consecutive sentencing in certain cases.
- Miscellaneous provisions
- Several sections update or cross-reference definitions, include weapon/criminal statute clarifications, and align with related statute amendments already made or proposed in prior years (as indicated by references to other PA numbers in the bill text).
Who would be affected
- Individuals convicted of violent offenses, domestic violence, or crimes against health care workers, with penalties intensified under various scenarios.
- Offenders involving home invasions, witness intimidation, and crimes against vulnerable populations (children and elderly or disabled individuals).
- Offenders involved in child sexual abuse material offenses, including producers, distributors, possessors, and those who facilitate or finance such activity.
- Entities involved in financial crime schemes (employers, nonprofits, victims) subject to enhanced forfeiture, dissolution, or restructuring orders.
- Health facilities, schools, and public safety personnel due to additional notice requirements and broader protections for personnel performing duties.
Procedural and timeline aspects
- The bill lays out enhanced sentencing guidelines (minimum terms, consecutive sentencing provisions) and requires court determinations of prior convictions for sentence enhancements (court-based, not jury-determined, before sentencing).
- It includes affirmative defenses and addressees for timing and notice requirements (e.g., arraignment notices for defense strategy related to child-related age defenses).
- For child exploitation and material offenses, the bill prescribes thresholds for evidence handling, confidentiality for processors/computer technicians, and notice provisions to prosecutors.
- For asset forfeiture (Sec. 159j), the bill outlines step-by-step procedures for cost recovery, property disposition, and timing of forfeiture orders, with protections for funds already in escrow or being processed.
Summary
HB 5917 seeks to intensify penalties across a broad set of crimes, especially violent offenses, offenses against health care workers, home invasion, witness intimidation, child abuse, and child sexual exploitation. It standardizes and expands sentence enhancements, adds or clarifies forfeiture and financial remedies, and imposes procedural requirements for enforcement, defense, and asset handling. The bill would affect defendants across many offense categories, with heightened risk of longer terms, mandatory or consecutive sentences in specified circumstances, and greater leverage for asset forfeiture and enforcement actions.
Compiled from official sources — confirm details with the bill’s official record.
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