SEXUALLY EXPLICIT MATTER - H.B. 5569 (S-2): FLOOR ANALYSIS


House Bill 5569 (Substitute S-2 as reported)

Sponsor: Representative Janet Kukuk

House Committee: Criminal Law and Corrections

Senate Committee: Judiciary


CONTENT


The bill would amend the Code of Criminal Procedure's sentencing guidelines provisions to change the offense description for "distributing obscene matter to children" (MCL 722.675). Under the bill, the violation would be described as "disseminating sexually explicit matter to a minor". The offense would remain categorized as a Class E felony against the public order, with a statutory maximum sentence of two years' imprisonment.


The bill would take effect on June 1, 2001, and is tie-barred to House Bill 4327.


MCL 777.15 - Legislative Analyst: P. Affholter


FISCAL IMPACT


The bill would have an indeterminate fiscal impact on State and local government.


A Class E felony has a minimum sentencing guideline range from 0-3 months to 24-38 months. Local units of government would incur the cost of incarceration for offenders receiving minimum sentences less than 18 months. According to the Department of Corrections Statistical Report, in 1998, no one was convicted of this crime.



Date Completed: 11-21-00 - Fiscal Analyst: K. Firestonefloor\hb5569 - Analysis available @ http://www.michiganlegislature.org

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.