Criminal procedure: sentencing guidelines; sentencing guidelines for crimes related to illegal immigration; create. Amends sec. 17d, ch. XVII of 1927 PA 175 (MCL 777.17d). TIE BAR WITH: SB 44'25
Summary
Senate Bill 45 would amend Michigan’s sentencing guidelines statute to add several immigration-related offenses to the list of felonies covered by Chapter XVII of the Code of Criminal Procedure. The bill specifically places offenses involving illegal entry, entry after removal or deportation, entry after removal following certain convictions, and refusal to comply with a removal order into the sentencing grid, assigning them offense classes and statutory maximums for guideline scoring purposes. It also makes a technical change to the existing list of covered felonies by incorporating these new public-order offenses into MCL 777.17d.
The bill is tied to Senate Bill 44 and would not take effect unless that companion bill is enacted. If enacted, it would take effect 90 days after becoming law. The practical effect is to ensure that these immigration-related crimes are treated within Michigan’s sentencing guidelines framework, which can affect recommended minimum sentences and how courts score prior or current offenses at sentencing.
Impact
SB 45 would amend MCL 777.17d, the statute that identifies which felonies are subject to Michigan’s sentencing guidelines, by adding immigration-related offenses to the covered list. This would affect sentencing calculations for defendants convicted of the newly listed offenses, and it would give courts and probation departments a specific guideline framework for those crimes. The bill does not create the underlying offenses themselves; rather, it changes how they are treated at sentencing under state law.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text and caption, the measure appears to be part of a broader policy effort to address crimes related to illegal immigration through sentencing policy. The tie-bar to SB 44 suggests the bill is intended to move as part of a package rather than as a standalone proposal.
Contention
The likely point of contention is the bill’s focus on immigration-related offenses and whether those crimes should be included in Michigan’s sentencing guidelines at all, and if so, at what severity levels. Supporters would likely view the bill as a way to standardize punishment and strengthen enforcement, while opponents may argue it targets nonviolent immigration conduct and could lead to harsher sentencing for conduct already governed by federal immigration law. Because the bill is tied to SB 44, any disagreement over the companion legislation would also affect SB 45’s prospects.