HOUSE BILL NO. 4474

April 26, 2023, Introduced by Reps. Arbit, Puri, Grant, MacDonell, Tsernoglou, Wegela, Morgan, Paiz, Churches, Glanville, Hoskins, McFall, Andrews, Farhat, Coffia, Martus, Breen, McKinney, Wilson, Skaggs, Steckloff, Rogers, Tyrone Carter, Byrnes, Price, Rheingans, Weiss, Brenda Carter, Miller, Hope, Hood, Hill, Brabec, Scott, Conlin, Dievendorf, Young, O'Neal, Neeley, Morse, Brixie, Fitzgerald, Edwards, Aiyash and Whitsett and referred to the Committee on Criminal Justice.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

the people of the state of michigan enact:

Sec. 147b. (1) A person is guilty of ethnic intimidation a hate crime if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following:

(a) Causes physical contact with another person.

(b) Damages, destroys, or defaces any real or personal property of another person.

(c) Threatens, by word or act, to do an act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur.intimidates or harasses another individual; causes bodily injury or severe mental anguish to another individual; uses force or violence on another individual; damages, destroys, or defaces any real, personal, digital, or online property of another individual; or threatens, by word or act, to do any of the above-described actions, if the person, regardless of the existence of any other motivating factors, intentionally targets the individual or engages in the action based in whole or in part on any of the following actual or perceived characteristics of another individual:

(a) Race or color.

(b) Religion.

(c) Sex.

(d) Sexual orientation.

(e) Gender identity or expression.

(f) Physical or mental disability.

(g) Age.

(h) Ethnicity.

(i) National origin.

(j) Association or affiliation with an individual or group of individuals with a characteristic described under subdivisions (a) to (i).

(2) Ethnic intimidation Except as provided in subsection (3), a person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 2 years, or by a fine of not more than $5,000.00, $2,000.00, or both.

(3) If any of the following conditions apply, a person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years, or by a fine of not more than $10,000.00, or both:

(a) The violation results in bodily injury or severe mental anguish.

(b) The person has 1 or more prior convictions for violating subsection (1).

(c) A victim of the violation of subsection (1) is less than 18 years of age.

(d) The person commits the violation of subsection (1) in concert with 1 or more other individuals.

(e) The person is in possession of a firearm during the commission of the violation of subsection (1).

(4) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions under subsection (3)(b), the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions must be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(5) In lieu of or in addition to the penalties described in subsection (2), the court may impose an alternative sentence described under this subsection. In determining the suitability of an alternative sentence described under this subsection, the court shall consider the criminal history of the offender, the impact of the offense on the victim and wider community, the availability of the alternative sentence, and the nature of the violation. An alternative sentence may include an order requiring the offender to complete a period of community service intended to enhance the offender's understanding of the impact of the offense upon the victim and wider community. Community service ordered under this subdivision must be performed with the consent of and in support of the community targeted in the violation.

(6) In addition to the penalties described in subsection (3), the court may impose an alternative sentence described under this subsection. In determining the suitability of an alternative sentence described under this subsection, the court shall consider the criminal history of the offender, the impact of the offense on the victim and wider community, the availability of programs to facilitate the alternative sentence, and the nature of the violation. An alternative sentence may include an order requiring the offender to complete a period of community service intended to enhance the offender's understanding of the impact of the offense upon the victim and wider community. Community service ordered under this subsection must be performed with the consent of and in support of the community targeted in the violation.

(7) (3) Regardless of the existence or outcome of any criminal prosecution, a person an individual who suffers bodily injury, to his or her person severe mental anguish, or damage to his or her the individual's property as a result of ethnic intimidation a hate crime may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, infliction of severe mental anguish, or other appropriate relief. A plaintiff who prevails in a civil action brought pursuant to under this section may recover both of the following:

(a) Damages in the amount of 3 times the actual damages described in this subsection or $2,000.00, $25,000.00, whichever is greater.

(b) Reasonable attorney fees and costs.

(8) As used in this section:

(a) "Gender identity or expression" means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual's assigned sex at birth.

(b) "Intimidate or harass" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(c) "Severe mental anguish" means a substantial change in mental functioning that can be perceived by another individual and caused by a defendant in 1 or more of the following ways:

(i) Intentionally causing great bodily injury to another individual or threatening to cause great bodily harm to an individual.

(ii) Administering mind-altering substances or performing a procedure that would disrupt another individual's senses or personality, or threatening to do so.

(iii) Threatening another individual with imminent death.

(iv) Threatening that another individual will imminently be killed, subjected to great bodily injury, or given a mind-altering substance meant to disrupt the senses or personality.