ATTEMPTED CRIME: PENALTIES - S.B. 694 (S-1): FLOOR ANALYSIS
Senate Bill 694 (Substitute S-1 as reported)
Sponsor: Senator Jon Cisky
Committee: Judiciary
CONTENT
The bill would amend the Michigan Penal Code to revise the penalties for attempted crimes, when no other punishment is specified. The bill also would permit a court to order the payment of any costs, restitution, or reimbursement authorized for the crime attempted. The bill would take effect 90 days after its enactment.
The following table lists the maximum penalties under current law and under the bill for an attempted crime (which are based upon the penalty prescribed for the crime that is attempted), when no punishment is otherwise provided.
| Current Law | Senate Bill 694 (S-1) | ||
| Crime
Attempted |
Attempt |
Crime Attempted |
Attempt |
| Death | Felony - 10 years in prison | Life imprisonment | Felony - 15 years in prison and/or fine for crime attempted |
| Life or 5 years or more | Felony - 5 years in State prison, or
1 year in county jail |
5 years or more | Felony - ½ term for crime attempted and/or fine for crime attempted |
| Under 5 years in prison; or imprisonment in co. jail; or fine | Misdemeanor - 2 years in State prison,
or
1 year in county jail, or $1,000 fine |
Under 5 years | Misdemeanor - ½ term for crime attempted and/or fine for crime attempted |
MCL 750.92 - Legislative Analyst: P. Affholter
FISCAL IMPACT
The fiscal impact of the bill on the cost of State and local government is indeterminate. Using 1996 data, more than half of the dispositions of attempts were for crimes with a maximum penalty of five years or more, and probation was the sentence most often given. Of the prison sentences imposed, the average minimum State prison sentence was 1.7 years, and the longest minimum penalty imposed was 10 years.
Assuming that the bill would give judges, in most cases, an enhanced penalty option for attempted crimes, the effect of the bill is indeterminate, as it is not possible to determine whether judges would change the disposition of attempted offenses given a change in the law.
Date Completed: 10-23-97 - Fiscal Analyst: K. Firestone
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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.