CONTENT

The bill would amend the Michigan Penal Code to include carjacking in the Code’s felony murder provision. Under this provision, murder committed in the perpetration or attempt of certain felonies constitutes first-degree murder, which requires a sentence of life in prison without possibility of parole. The offenses currently include: arson; first-, second-, and third-degree criminal sexual conduct; first-degree child abuse; a major controlled substance offense; robbery; breaking and entering of a dwelling; first- and second-degree home invasion; larceny of any kind; extortion; and kidnapping.

The bill also would revise the definition of “corrections officer” to include the personnel of a special alternative incarceration unit.

MCL 750.316 Legislative Analyst: S. Margules

FISCAL IMPACT

The bill could result in increased costs to the State. To the extent that offenders who commit a murder during an act of carjacking, are currently convicted of a felony other than first-degree murder, and receive a prison sentence other than life in prison, and who under the bill would receive a life sentence as required by the first-degree murder statute, costs of incarceration would increase. In 1995, there were 45 prison commitments for carjacking with an average minimum sentence of 4.7 years. In addition, there were 119 convictions for first-degree murder, as well as 202 for second-degree murder with an average minimum sentence of 20 years. There are no readily available data, however, that indicate the number of individuals who committed a murder during the commission of carjacking.

Fiscal Analyst: M. Hansen

S9596\S1203SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

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