FLEEING & ELUDING:  SENT. GUIDELINES                                                 S.B. 388 (S-3):

                                                                                                      FLOOR SUMMARY

Senate Bill 388 (Substitute S-3 as reported)

Sponsor:  Senator Mike Nofs

Committee:  Judiciary

CONTENT

The bill would amend the Code of Criminal Procedure to revise the felony class for first- and second-degree fleeing and eluding in the sentencing guidelines.

Currently, first-degree fleeing and eluding is a Class C felony against a person and is punishable by a statutory maximum sentence of 15 years' imprisonment.  Under the bill, that violation would be a Class B felony.  Second-degree fleeing and eluding is currently a Class D felony against a person and is punishable by a statutory maximum sentence of 10 years' imprisonment.  Under the bill, that violation would be a Class C felony.

The bill would take effect on January 1, 2013.

(A fleeing and eluding violation is first-degree fleeing and eluding if it results in the death of another person.  A violation is second-degree fleeing and eluding if it results in serious impairment of a body function of an individual; the violator has one or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former State law prohibiting substantially similar conduct; or the violator has any combination of two or more prior convicts for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current of former State law prohibiting substantially similar conduct.)

MCL 777.16x                                                           Legislative Analyst:  Patrick Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State and local government.  By increasing the felony class of first- and second-degree fleeing and eluding convictions, the bill could increase offender length of stay in State facilities and thereby increase incarceration costs.  The average annual cost of incarceration in a State facility is approximately $34,000.

Date Completed:  9-12-12                                                   Fiscal Analyst:  Dan O'Connor

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.