Criminal procedure: sentencing guidelines; sentencing guidelines for killing or causing serious physical harm to a police dog, police horse, or a search and rescue dog; modify. Amends sec. 16b, ch. XVII of 1927 PA 175 (MCL 777.16b). TIE BAR WITH: HB 4732'25
HB 4738 amends Michigan’s sentencing guidelines table in Chapter XVII of the Code of Criminal Procedure to revise how certain felony offenses are scored for sentencing. The bill primarily updates the offense list in MCL 777.16b and, based on the bill caption, is intended to modify sentencing guidelines for killing or causing serious physical harm to a police dog, police horse, or search and rescue dog. The text also continues to include a range of other covered felonies such as animal fighting, animal cruelty and neglect, drone interference with facilities, directed-energy interference with aircraft or trains, and changing brands with intent to steal.
The bill would affect the state’s felony sentencing framework by changing the offenses that fall within the applicable sentencing guideline chapter and by adjusting the statutory maximums and offense classifications used in sentencing calculations. Because it amends the criminal procedure code rather than creating new substantive crimes, its main legal effect is on sentencing exposure and guideline treatment for the listed offenses, especially offenses involving law enforcement animals and search-and-rescue dogs. The bill is tie-barred to HB 4732, meaning it would not take effect unless that related bill also becomes law.
Overall sentiment appears neutral to supportive, with the bill presented as a technical sentencing-guideline update rather than a controversial policy overhaul. No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, opposition, or amendments in the available materials. The caption suggests the policy goal is to strengthen or clarify penalties for harm to police and search-and-rescue animals, which is typically framed as a public safety and law enforcement protection measure.
The main point of potential contention is the broader sentencing impact: any change to guideline classifications can affect prison exposure, plea bargaining, and proportionality of punishment for the listed offenses. Another possible issue is the tie-bar to HB 4732, which links this bill’s fate to a separate measure and may indicate the two bills are part of a package. However, no specific objections or competing viewpoints are documented in the provided record.
HB 4738 would amend MCL 777.16b in Michigan’s Code of Criminal Procedure, altering the sentencing-guideline chapter that applies to a defined list of felonies in Chapter 750 of the Michigan Compiled Laws. Its practical effect is to change how courts score and sentence certain offenses, including animal cruelty and fighting offenses, drone-related interference offenses, and offenses involving harm to police dogs, police horses, and search-and-rescue dogs. Because it is a sentencing-guideline amendment, it affects criminal penalties and guideline calculations rather than creating new criminal offenses. The bill is also tie-barred to HB 4732, so it would only take effect if that related bill is enacted.
The available information suggests a generally favorable or at least noncontroversial posture toward the bill. It is framed as a targeted criminal-justice and public-safety measure, with no recorded committee testimony or vote history showing opposition. The absence of debate materials limits the ability to identify any organized support or resistance, but the caption and bill structure indicate a technical sentencing update that likely received routine consideration.
The most likely area of contention is whether the revised sentencing treatment is proportionate, especially for offenses involving harm to police dogs, police horses, and search-and-rescue dogs, since changes in guideline scoring can increase incarceration exposure. A secondary issue is the bill’s tie-bar to HB 4732, which makes enactment dependent on another bill and can complicate passage if the companion measure stalls. No specific stakeholders or objections are documented in the provided transcripts or votes.