Criminal procedure: sentencing guidelines; sentencing guidelines for money transmission violations; revise. Amends sec. 14p, ch. XVII of 1927 PA 175 (MCL 777.14p). TIE BAR WITH: SB 0835'26
Summary
Senate Bill 838 would amend Michigan’s sentencing guidelines to add several money transmission-related offenses to the list of felonies covered by Chapter XVII of the Code of Criminal Procedure. The bill specifically places violations of the Money Transmission Services Act and the Money Transmission Modernization Act, including false statements, fraud in the conduct of a money transmission business, and licensing violations, into the sentencing grid. It also includes a related BIDCO Act offense involving knowingly receiving money or property at an interest rate exceeding 25%, along with certain existing property and financial fraud offenses already listed in the chapter.
By revising MCL 777.14p, the bill would give these offenses specific offense classifications and statutory maximums for sentencing purposes, which would affect how courts score and sentence defendants convicted of those crimes. The bill is tied to Senate Bill 835, meaning it would not take effect unless that companion bill is enacted. Its effective date is January 1, 2026, if the tie-bar condition is satisfied.
Impact
The bill would change Michigan criminal sentencing law by expanding the set of offenses subject to Chapter XVII sentencing guidelines and assigning guideline treatment to money transmission and related financial misconduct offenses. This would primarily affect prosecutors, defense counsel, judges, and defendants charged under the money transmission statutes, as well as businesses and individuals operating in the money services industry. It does not create the underlying crimes, but it changes how they are sentenced under the state’s criminal procedure code.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or opposition in the available materials. Based on the bill text and caption, the measure appears technical and enforcement-oriented, aimed at aligning sentencing guidelines with newer financial-regulatory offenses. The absence of recorded controversy suggests the bill may have been treated as a routine sentencing update rather than a highly contentious policy change.
Contention
The main policy issue is whether money transmission violations should be treated as serious enough to warrant inclusion in the sentencing guidelines and, if so, what offense levels and maximum penalties are appropriate. Any disagreement would likely center on the breadth of the covered offenses, especially the inclusion of licensing and false-statement violations alongside fraud-related conduct. The tie-bar to SB 835 is also notable, because this bill cannot take effect independently and depends on enactment of the companion measure.