Michigan Senate Bill SB0389

Michigan 2025-2026 Regular Session

• Introduced: 6/10/25
• Refer: 6/10/25

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for driver causing death of blind person or dog guide in crosswalk; enact. Amends sec. 17b, ch. XVII of 1927 PA 175 (MCL 777.17b). TIE BAR WITH: SB 388'25

Summary

Senate Bill 389 amends Michigan’s sentencing guidelines statute, MCL 777.17b, to update the list of offenses in Chapter XVII of the Code of Criminal Procedure. The bill adds or references several felonies from Chapter 752 of the Michigan Compiled Laws, including offenses involving a driver grossly negligent at a pedestrian crossing causing the death of a blind pedestrian or a blind pedestrian’s service animal, the sale or distribution of nitrous oxide devices by repeat offenders, subsequent-obscenity offenses, riot, incitement to riot, riot in state correctional facilities, and unlawful assembly. The bill assigns each offense a sentencing class and maximum statutory penalty for guideline purposes. The practical effect is to place these offenses within Michigan’s sentencing guideline framework so courts can calculate recommended sentences using the specified offense classes and statutory maximums. The bill is tied to SB 388, meaning it would not take effect unless that companion bill is enacted into law. As a result, SB 389 functions as part of a broader package dealing with sentencing treatment for certain public safety, public order, and pedestrian-safety offenses.

Impact

SB 389 would amend Michigan’s criminal procedure law governing sentencing guidelines by expanding and clarifying which Chapter 752 felonies are covered under MCL 777.17b and how they are categorized for sentencing purposes. It affects judges, prosecutors, defense counsel, and defendants charged with the listed offenses by determining the guideline class and maximum penalty used at sentencing. Because it is tie-barred to SB 388, its legal effect depends on enactment of the companion bill.

Sentiment

The available context suggests the bill is generally framed as a technical sentencing-guidelines update rather than a controversial policy overhaul. The bill text and caption emphasize public safety and pedestrian protection, especially for blind pedestrians and service animals, which likely supports favorable sentiment among sponsors and supporters. No committee transcripts or recorded votes were provided, so there is no direct evidence of opposition or debate in the materials supplied.

Contention

The main point of contention, to the extent one can be inferred from the text, is the scope and severity of sentencing treatment for the newly listed offenses, particularly the gross-negligence pedestrian-crossing offense and the inclusion of riot- and assembly-related crimes in the sentencing guidelines. Another potential issue is the tie-bar to SB 388, which makes SB 389 contingent on passage of a separate bill and can be a procedural point of concern for legislators who prefer standalone enactment. No specific objections or named opponents appear in the provided record.