HOUSE BILL NO. 5454
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 22 of chapter XVII (MCL 777.22), as amended by 2003 PA 134, and by adding section 49j to chapter XVII.
the people of the state of michigan enact:
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CHAPTER XVII
Sec. 22. (1) For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20. Score offense variables 5 and 6 for homicide, attempted homicide, conspiracy or solicitation to commit a homicide, or assault with
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intent to commit murder. Score offense variable 16 under this subsection for a violation or attempted violation of section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score offense variables 17 and 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
(2) For all crimes against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(3) For all crimes involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14, 15, 19, and 20.
(4) For all crimes against public order and all crimes against public trust, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(5) For all crimes against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20. Score offense variable 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
(6) Subject to the provisions of this subsection, for all crimes to which it is applicable to the facts of the case, the court shall score offense variable 29. Offense variable 29 must be scored after the scoring of offense variables 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. However, in no case may the scoring of offense variables 24, 27, 29, 30, 32, and 34 result in the reduction of a defendant's offense variable score by more than 2 offense variable levels on the applicable sentencing grid.
Sec. 49j. (1) Offense variable 29 is victim-offender mediation. Subject to subsection (2) the court shall, as it
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determines is appropriate to the facts of the case, score offense variable 29 by determining if either of the following applies and by reducing the defendant's offense variable score by the highest number of points applicable under offense variable 29:
(a) The defendant has successfully completed a mediation process approved by the prosecutor of the case with the victim or victims of the offense......................................... |
subtract 5 points |
(b) The victim or victims request a 10-point reduction at the conclusion of a mediation process approved by the prosecutor of the case with the victim or victims of the offense....... |
subtract 10 points |
(2) Offense variable 29 must not be scored in cases of domestic violence, stalking, human trafficking, criminal sexual conduct, or strangulation or if any victim of the offense is an immediate family member of the defendant or has a history of a dating relationship with the defendant.
(3) As used in this section:
(a) "Successful completion" means that the victim or victims in the case who participated in the mediation agree that the defendant has successfully completed mediation, including having at a minimum articulated acceptance of responsibility for the harm caused by the defendant.
(b) "Victim" includes the victim of a crime and the victim's immediate family if the victim is less than 18 years of age, is a vulnerable adult as that term is defined in section 145m of the Michigan penal code, 1931 PA 328, MCL 750.145m, or is deceased.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.