AGGRAVATED PHYSICAL ABUSE:

REVISE ELEMENTS OF OFFENSE VARIABLE 7

House Bill 4463 as introduced

Sponsor:  Rep. Kurt Heise

Committee:  Criminal Justice

Complete to 4-27-15

SUMMARY:

The bill would amend the Code of Criminal Procedure to revise the conduct for which Offense Variable 7 can be "scored" when determining an appropriate sentence for aggravated physical abuse.  Where the code now refers to cases where a victim was treated with sadism, torture, or excessive brutality, or conduct designed to substantially increase the fear and anxiety of a victim during the offense, the amendment would specify "similarly egregious" conduct to sadism, torture, or excessive brutality.

The penalty prescribed for most felony crimes in Michigan are indeterminate, meaning that the statute sets the maximum term of imprisonment.  The sentencing range appropriate for a specific offender convicted of a felony is determined by "scoring" the offense and then plotting the score on a grid relating to the crime class.  Points are scored for such things as an offender's prior record and elements specific to the crime (offense variables) and the crime class (property crime, crime against a person, etc.).  Depending on the score and the grid used, a sentencing range is determined that either requires a judge to send a person to prison, grants the judge discretion to send the person to prison or to jail, or grants discretion to send the person to jail and/or probation.  There are 20 offense variables. 

Offense Variable 7 – aggravated physical abuse – is scored when a crime is committed against a person.  If a victim was treated with sadism, torture, or excessive brutality, or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense, 50 points must be added to the offender's score.  If no victim received such treatment, then 0 points are scored for this variable.

House Bill 4463 would amend the Code of Criminal Procedure to revise Offense Variable 7 so that it would apply if the victim were treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense (the new language is underlined).  If so, 50 points would still be scored (and 0 points if the crime did not include such conduct).

MCL 777.37

BACKGROUND INFORMATION:

The bill is a reintroduction of House Bill 5157 of the 2013-2014 legislative session; the bill passed the House but failed to see Senate action.

FISCAL IMPACT:

The bill could increase costs for state and local correctional systems.  Information is not available on the number of persons that might be convicted under the new terms.  Felony convictions could result in increased costs related to state prisons, county jails, and/or state probation supervision.  The average cost of prison incarceration in a state facility is roughly $34,800 per prisoner per year, a figure that includes various fixed administrative and operational costs.  The costs of local incarceration in a county jail vary by jurisdiction.  State costs for parole and felony probation supervision average about $3,800 per supervised offender per year.  Any increase in penal fine revenues would increase funding for local libraries, which are the constitutionally-designated recipients of those revenues. 

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.