Criminal procedure: sentencing guidelines; sentencing guidelines for registered sex offender working at a business that provides services to minors; provide for. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: HB 5425'25
HB 5426 amends Michigan’s sentencing guidelines statute, MCL 777.11b, to add and update the list of felonies to which Chapter XVII sentencing guidelines apply. The bill primarily concerns offenses involving false identification, personal information misuse, firearm-related false statements and licensing violations, sex offender registration and related conduct, public threat reporting, child abduction reporting, and fireworks safety violations. It also includes a new or revised sentencing guideline entry for a registered sex offender who works at a business that provides services to minors, which is the focus of the bill’s caption.
The bill’s practical effect is to place the listed offenses into the sentencing guidelines framework with specified offense classes and statutory maximums, which can affect how judges score and sentence these crimes. By amending the criminal procedure code, it changes the state’s sentencing law rather than creating new substantive crimes. The bill is tie-barred to HB 5425, meaning it does not take effect unless the companion bill is also enacted, and it would take effect 90 days after enactment.
HB 5426 would revise Michigan’s sentencing guidelines table in the Code of Criminal Procedure by adding, reclassifying, or confirming guideline treatment for a range of Chapter 28 felonies. This affects how courts sentence defendants convicted of the enumerated offenses, including offenses involving state ID fraud, personal information misuse, firearm application and sales false statements, concealed pistol permit violations, failure to store firearms, sex offender registration violations, and false reports of public threats or child abductions. The bill does not itself create new criminal offenses, but it can influence sentencing exposure and uniformity across the listed crimes.
The available voting history suggests the bill was received favorably in committee, as it was reported with recommendation without amendment by a 7-0 vote. No committee transcript is available, so there is no recorded floor or committee debate to indicate broader public disagreement. Overall, the bill appears to have been treated as a technical or policy update to sentencing guidelines, with support reflected in the unanimous committee vote.
The main point of contention appears to be the policy choice to adjust sentencing treatment for a registered sex offender working at a business that serves minors, which is the bill’s stated focus and may raise concerns about public safety and proportional punishment. More broadly, the bill groups together a wide set of offenses, including firearm-related paperwork violations, identity fraud, and sex offender registration offenses, so any debate would likely center on whether the sentencing classifications are appropriately calibrated. Because the bill is tie-barred to HB 5425, its fate is also linked to that companion measure, making the two bills procedurally dependent on each other.