Michigan Senate Bill SB0338

Michigan 2025-2026 Regular Session

• Introduced: 5/29/25
• Refer: 5/29/25

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for certain tampering with evidence offenses by law enforcement officers; provide for. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x). TIE BAR WITH: SB 337'25

Summary

Senate Bill 338 would amend Michigan’s sentencing guidelines statute for chapter XVII offenses to add a new offense category related to tampering with evidence by law enforcement officers. The bill is tied to Senate Bill 337 and would not take effect unless that companion bill is enacted. It also includes a standard delayed effective date of 90 days after enactment. The bill’s text primarily lists the felony offenses covered by MCL 777.16x and their guideline classes, including offenses involving obstruction of public officers, fleeing and eluding, disarming a peace officer, tampering with evidence, false information to police, public records and public money offenses, medical record falsification, marine safety device tampering, anhydrous ammonia offenses, scanner possession during a crime, railroad track blocking, and uncoupling railroad cars. The key policy change reflected in the bill title and context is the addition of sentencing guideline treatment for certain evidence-tampering offenses committed by law enforcement officers.

Impact

SB 338 would amend Michigan’s Code of Criminal Procedure sentencing guidelines to specify how certain offenses are classified for sentencing purposes, with the stated focus on tampering with evidence offenses by law enforcement officers. In practical terms, it affects how courts calculate guideline ranges for the listed chapter 750 felonies, and it preserves the existing structure of offense classes and statutory maximums while updating the covered offenses. Because it is tie-barred to SB 337, its legal effect depends on enactment of that companion bill.

Sentiment

The available context suggests the bill is largely technical and policy-specific rather than broadly controversial. The title and tie-bar indicate a coordinated legislative package aimed at addressing law-enforcement-related evidence tampering within the sentencing guidelines. No committee transcript or recorded vote information is provided, so there is no direct evidence of opposition or support in the materials beyond the bill’s introduction and structure.

Contention

The main point of potential contention is the bill’s narrow focus on sentencing treatment for evidence tampering by law enforcement officers, which could raise questions about accountability, proportionality of punishment, and whether the companion bill SB 337 sufficiently defines the underlying offense. Another procedural point is the tie-bar: SB 338 cannot take effect unless SB 337 is also enacted, so the package must move together. Beyond that, the bill appears to be a targeted amendment to sentencing classifications rather than a broader criminal justice overhaul.