Bill > SB0363

This bill amends section 9 of the Michigan statutes to clarify criminal liability and culpability standards, primarily focusing on the mental state required for criminal offenses. The bill defines key terms like "intent," "knowledge," "negligence," and "recklessness," establishing that a person is generally not guilty of a criminal offense unless their conduct involves a voluntary act or omission and they have the requisite mental state for each element of the offense. The bill specifies that if a statute does not specify a culpability level, the default is to require intent, knowledge, or recklessness. It also addresses situations involving intoxication, stating that being under the influence is not a defense, though there is an affirmative defense for specific intent crimes if a person unknowingly became impaired after taking properly used medication. The bill explicitly excludes certain areas of law from these provisions, such as vehicle code, public health code, and identity theft protection act. Notably, the bill is tied to another piece of legislation (Senate Bill 360) and will only take effect if that bill is also enacted into law. The changes aim to provide clearer guidance on criminal mental state requirements and reduce ambiguity in interpreting criminal statutes.

Budget and Finance, Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0363