Tag: School

Attorney General Dana Nessel speaks during a Lansing press conference on bills to strengthen hate crime laws, April 26, 2023 | Laina G. Stebbins

Nineteen bills that would, among other things, update Michigan’s hate crime law, criminalize sextortion, and promote school safety, were signed into law Wednesday by Gov. Gretchen Whitmer. 

“Michiganders should feel safe whether they’re watching a movie at home or heading into the classroom,” said Whitmer, a Democrat. “That’s why I’m proud to sign these 19 commonsense bills that will keep Michigan families and neighborhoods safe from gun violence and other violent crimes.” 

The legislation that perhaps had the hardest path to passage were House Bills 5400 and 5401, sponsored by state Reps. Noah Arbit (D-West Bloomfield) and Kristian Grant (D-Grand Rapids), respectively, which expand the definition of, and amend the sentencing guidelines for, hate crimes. 

Arbit’s bill updates Michigan’s 1988 “ethnic intimidation” statute to add sexual orientation, gender identity or expression, disability or age as characteristics that would be considered a hate crime if they were the basis of violent or threatening behavior.

It was the second attempt by Arbit to expand the law, after a previous version of the legislation was attacked by opponents as trying to criminalize misgendering someone, which he said was a “ridiculous lie,” noting the word misgender isn’t even in the text of the law. 

Even the version that passed the House in November was the focus of criticism by Republicans, all except one of whom voted against it.

Regardless, Michigan Attorney General Dana Nessel, a Democrat, welcomed the bills finally becoming law.

“Over the past decade, we have seen not just an uptick in hate crimes, but a normalization of racist, antisemitic and bigoted language, symbolism and actions – including a close adviser to the President giving the Nazi salute during an inaugural rally just this week,” posted Nessel. “It’s incumbent upon those of us with the authority to unilaterally denounce such sentiments; otherwise, there’s no stopping this behavior. I applaud the Governor for signing these long overdue changes to the state’s statutes.”

Several of the bills Whitmer signed were focused on addressing firearm and school safety, starting with House Bills 5450 and 5451, sponsored by state Reps. Sharon MacDonell (D-Troy) and Julie Brixie (D-Meridian Twp.), respectively.

The bills require information on the safe storage of firearms to be distributed to parents of students. Specifically, the information would outline the requirements of legislation passed by the then-Democratic-controlled Legislature in 2023, and then signed by Whitmer, requiring individuals to keep firearms “unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that a minor is or is likely to be present on the premises.”

According to a release by Whitmer’s office, an estimated 150,000 Michigan children currently live in homes that have an unsecured firearm, while more than 70% of school shootings nationally involve a firearm that is owned by a parent or close family member and taken by the shooter. 

That was the case in the 2021 Oxford High School shooting, in which a 15-year-old student used a handgun purchased by his parents to murder four fellow students. The teen was sentenced to life in prison without the possibility of parole while his parents were also found criminally responsible and sentenced to prison terms for making a firearm readily available despite warning signs that he was planning the shooting.

“Michigan has seen far too many school shootings. Last term, Democrats passed a number of monumental laws that help curb gun violence throughout the state. Our kids, teachers and families deserve safety and security at home and in their classrooms,” said MacDonell. “With this bill becoming law, Michigan schools will now provide helpful resources on Michigan’s new firearm safety measures — which continue efforts to keep our children and communities safe from reckless firearms use.” 

Chandra Madafferi, president and CEO of the Michigan Education Association, said that students and educators need to feel safe in the state’s schools, and the bills were an important step to making that a reality.

“By making sure families are aware of the best ways to keep guns stored safely, schools can be part of the solution in preventing firearms from falling into the wrong hands,” she said.

Other school safety bills signed Wednesday include House Bills 4095 and 4096, sponsored by state Reprs.Stephanie A. Young (D-Detroit) and Ranjeev Puri (D-Canton), respectively, which require standardized terminology used by schools in response to emergency situations.  House Bills 5659 and 5660, sponsored by state Reps. Luke Meerman (R-Coopersville) and Nancy DeBoer (R-Holland), respectively, create the new School Safety and Mental Health Commission in the Department of State Police. 

The new commission will focus on improving mental health outcomes for school-aged children, adolescents, and their families, as well as reducing youth suicide rates in Michigan.  

In conjunction with those bills, Whitmer also issued Executive Order 2025-1 which delineates the makeup of the commission to include at least one member who is a prosecutor., as well the director of the Department of Lifelong Education, Advancement and Potential (MiLEAP), or their designee. 

Additionally, the executive order gives the ex officio members of the board (the directors of MSP, DHHS, MiLEAP and the superintendent of public instruction) voting rights on the commission and adds the duties of the former School Safety Commission to the new commission. 

House Bill 5549, sponsored by state Rep. Kelly Breen (D-Novi), creates a behavior threat assessment and management team to monitor concerning student behavior and devise supportive measures to mitigate potential threats.   

House Bills 6144, 6145, and 6146, sponsored by state former Rep. Felicia Brabec (D-Pittsfield Twp.) and Rep. Natalie Price (D-Berkley), respectively, require the Michigan State Police (MSP) to destroy all firearms turned over to it that were purchased under a gun buyback program. 

“This legislation ensures when we destroy a firearm, our current practice of destroying all parts of the firearm will remain the standard now and for the future,” said Col. James F. Grady II, director of the MSP. 

Meanwhile, House Bills 5887 and 5888, sponsored by state Reps. John Fitzgerald (D-Wyoming) and Kara Hope (D-Holt) respectively, create specific criminal penalties for sextortion, in which an individual blackmails others, threatening to distribute sexually explicit photographs or videos of another person. 

More than 13,000 reports of online financial sextortion of minors were received by the FBI and Homeland Security Investigations between October 2021 to March 2023. At least 20 suicides occurred in these reports with the FBI saying this year that reports of sextortion of minors are on the rise.

Jordan DeMay, 17, took his life in 2022 after international criminals tricked him into sending explicit photos for the purpose of sexually extorting him. His father, John DeMay, lobbied hard for the legislation.

“The law enforcement community is calling this an epidemic, and it really is, because the detectives are getting bombarded with this stuff. It’s just every day on their desk, and there’s a lot of it goes unreported,” DeMay told the Michigan Advance when the bills passed the House in December. 

The bills also define sentencing guidelines for the crimes. 

House Bill 4485, sponsored by state Rep. Reggie Miller (D-Van Buren Twp.), extends the time for filing an indictment of criminal sexual conduct (CSC) charges in the second or third degree. Under the bill, an indictment for CSC in the second or third degree could be found and filed by the victim’s 42nd birthday, regardless of when the offense occurred. 

Supporters say the legislation will also reduce the danger of sexual violence against children by holding sex offenders accountable under an increased statute of limitations. 

House Bill 6046, sponsored by state Rep. Christine Morse (D-Texas Twp.), ensures eligible providers working to offer community violence intervention services can utilize Medicaid to cover the cost. The bill also establishes a certification pathway and training requirements for violence prevention professionals.  

House Bill 4173 and 4384, sponsored by state Reps. Abraham Aiyash (D-Hamtramck) and Luke Meerman (R-Coopersville), respectively, create the Michigan Sentencing Commission, which will support criminal justice reform in Michigan by recommending sentencing updates that reflect prevailing opinions towards reform and rehabilitation.

House Bill 5695, sponsored by state Rep. Mike McFall (D-Hazel Park), will increase the financial support available to local municipalities that provide ground ambulance services to individuals relying on Medicaid. The bill authorizes a supplemental federal reimbursement program to enhance the financial stability of public ambulance service providers.   

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