Michigan Senate Bill SB0089

Michigan 2025-2026 Regular Session

• Introduced: 2/19/25
• Refer: 2/19/25

Caption

Criminal procedure: sentencing; parole eligibility for certain individuals sentenced without the possibility of parole; provide for. Amends sec. 316 of 1931 PA 328 (MCL 750.316). TIE BAR WITH: SB 90'25

Summary

Senate Bill 89 amends Michigan’s first-degree murder statute to add a narrow parole-eligibility exception for a specific group of people serving life sentences. The bill provides that individuals convicted of first-degree murder under a felony-murder theory before November 4, 1980, and who were already serving life imprisonment on the effective date of the amendment, would become eligible for parole under the corrections code. The bill otherwise leaves intact the existing definition of first-degree murder and the general punishment of life without parole for intentional murders, felony murders, and murders of peace officers or corrections officers. The bill also makes procedural changes for sentencing after a first-degree murder conviction. It requires the court to commit the convicted person to the Department of Corrections immediately after conviction for incarceration in a state correctional facility pending sentencing, subject to conditions involving sheriff transport and the defendant being at least 18 years old at the time of the offense. It further requires sentencing to occur within 45 days of that commitment. The bill is tie-barred to Senate Bill 90, meaning it would not take effect unless that companion bill also becomes law.

Impact

SB 89 would amend MCL 750.316 in the Michigan Penal Code and would create a limited parole pathway for a small class of pre-1980 felony-murder prisoners serving life sentences. It would also alter post-conviction procedure by directing immediate transfer to state custody pending sentencing and imposing a 45-day deadline for the sentencing hearing. The bill affects the Department of Corrections, courts, sheriffs, and people convicted of first-degree murder, while preserving the general life-without-parole structure for most first-degree murder convictions.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text and caption, the measure appears to be a targeted sentencing and parole-eligibility reform rather than a broad criminal-law overhaul. Its tie-bar to SB 90 suggests it is part of a coordinated legislative package.

Contention

The main point of contention is likely the parole eligibility change for individuals serving life sentences for pre-1980 felony-murder convictions, because it creates an exception to otherwise mandatory life-without-parole punishment. Supporters would likely frame this as a narrow retroactive sentencing correction, while opponents may view it as weakening punishment for serious homicide offenses. A secondary issue is the procedural shift requiring immediate DOC custody and a 45-day sentencing window, which could raise practical concerns for sheriffs, courts, and corrections officials about transport and scheduling.