JUROR INTIMIDATION PENALTIES - S.B. 258: FLOOR ANALYSIS

sans-serif">Senate Bill 258 (as reported without amendment)

Sponsor: Senator Alan L. Cropsey

Committee: Judiciary


CONTENT


The bill would amend the Michigan Penal Code to make an exception to the standard penalty for juror intimidation if the intimidation involved a crime punishable by over 10 years’ imprisonment or if it involved committing or attempting to commit a crime or threat.


The Code prohibits willfully attempting to influence the decision of a juror by intimidation, other than as part of the proceedings in open court in the trial of the case. Juror intimidation is a felony punishable by up to four years’ imprisonment, a maximum fine of $5,000, or both, unless the intimidation is committed in a criminal case for which the maximum term of imprisonment is more than 10 years or the violation is punishable by imprisonment for life or any term of years. In that event, juror intimidation is punishable by up to 10 years’ imprisonment and/or a maximum fine of $20,000.


The Code also provides that, if juror intimidation involves committing or attempting to commit a crime or a threat to kill or injure any person, or to cause property damage, the violation is a felony punishable by up to 15 years’ imprisonment and/or a maximum fine of $25,000. The bill would make another exception to the standard four-year and $5,000 maximum penalty for this type of violation.


MCL 750.120a - Legislative Analyst: Patrick Affholter


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 3-11-03 - Fiscal Analyst: Bethany WicksallFloor\sb258 - Bill Analysis @ www.senate.michigan.gov/sfa

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.