HOUSE BILL NO. 6217

September 15, 2020, Introduced by Reps. Bolden, LaGrand and Peterson and referred to the Committee on Judiciary.

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 49g 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,

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conspiracy or solicitation to commit a homicide, or assault with 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) For all crimes to which it is applicable to the facts of the case, the court may, in its discretion, score offense variable 26. Offense variable 26 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.

Sec. 49g. (1) Offense variable 26 is impact on the victim. The court may score offense variable 26 by determining if any of the following apply and by either reducing or increasing the defendant's variable score by the highest number of points that the court considers appropriate under offense variable 26:

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(a) The victim believes that the punishment is insufficient............................................	5 points
(b) The victim believes that the punishment is excessive................................... subtract	5 points
(c) The victim articulates reasons why the defendant's sentencing guidelines score, without the addition of points under this offense variable, does not accurately reflect the severity of the impact of the crime on the victim.....................................	10 points
(d) The victim articulates reasons why the defendant's sentencing guidelines score, without subtracting points under this offense variable, does not accurately reflect the limited impact the crime has had on the victim............................... subtract	10 points

(2) As used in this section, "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.