By Nick Smith
Staff Writer
Posted: December 12, 2023 12:55 PM

The first significant changes to Michigan's hate crimes law since the 1980s will have to wait until next year to see final passage, with lawmakers and officials saying there is support for updating statute to combat a rise in such crimes.

Before the Legislature left for the year, the Senate passed two bills in the hate crimes package (HB 4476 and HB 4477 ) which would ban institutional desecration (See Gongwer Michigan Report, November 9, 2023). They were also enrolled by the House.

The two bills would ban desecration against specific institutions because of their association with a group of individuals, while also outlining misdemeanor and felony penalties. Places of worship were the focus of testimony when the bills were in committee.

Two other bills in the House package, HB 4474 and HB 4475 , however, have not yet been taken up in the Senate after passing the House in June with some bipartisan support (See Gongwer Michigan Report, June 20, 2023). A Senate panel reported its own similar version in November but did not take its bills up before adjourning for the year.

A prohibition on hate crimes and the definition of hate crimes would be created under HB 4474 and HB 4475.

The bills would add sex, sexual orientation, gender identity or expression, physical or mental disability, age and ethnicity to identities protected against hate crimes. The definition of a hate crime would be the use of force or violence on the other individual, causing bodily injury, intimidating the other individual, or damaging digital or online property. Fines under the bills would be capped at $10,000 per offense.

Rep. Noah Arbit (D-West Bloomfield) said he promised the people of his district he would "move heaven and Earth to strengthen and reform Michigan's hate crimes law" and he remains committed to getting the bills to the governor's desk next year.

"Particularly as we are experiencing a severe rise in antisemitism and Islamophobia in the wake of the war in the Middle East, I believe the importance of taking on rising hate crimes has resonated with many Michigan legislators, and I am grateful for that understanding," Arbit said.

Arbit said reported hate crimes have grown yearly since Michigan enacted its statute in the 1980s and the law needs to be strengthened to give it more teeth.

"The fact that gay Michiganders, Michiganders with disabilities, and seniors are still unprotected from hate crimes under Michigan law is egregious and intolerable," Arbit said.

Opponents of the bills have contended the language is too broad and could infringe on First Amendment rights. Another concern has been the penalties for violations, which some have said could be far too high.

Arbit dismissed those concerns as lacking merit.

"The Michigan Hate Crime Act is supported by every single one of our 83 county prosecutors in the state of Michigan, a vast majority of whom are staunch Republicans," Arbit said. "Republicans and Democrats alike know how important it is that Michigan has an improved tool to ameliorate rising hate crimes and hold those who commit these heinous hate crimes accountable."

Sen. Stephanie Chang (D-Detroit), chair of the Senate Civil Rights, Judiciary and Public Safety Committee , said her hope is that the remaining hate crimes legislation sees movement in 2024. The Senate version of the hate crimes bills, SB 600 and SB 601 , were reported by her committee November 9.

"I did what I could to get it moving," Chang said, adding the decision as to which bills in the package move and when would be up to leadership.

Chang said there has been, in the wake of the conflict in Israel, a spike in antisemitism and Islamophobia across the state and country. The senator said herself, the bill sponsors and others are passionate about the hate crimes issue and would like to see the law strengthened.

"We have seen that hate incidents have been rising," Chang said. "Whatever we can do to ensure that Michiganders are safe, we should do that."

The Senate bills are similar to the House bills. For the Senate bills, hate crimes would include the use of force or a true threat of force against an individual based on an identity or attribute of the individual.

Courts would also be given the option of alternative sentences for defendants for a first offense or for second and subsequent offenses a reduced penalty of up to 20 percent as well as imposing an additional alternative sentence by the consent of the defendant.

Language in the bills outlines that the changes to law would not infringe on their right to freedom of speech.

Attorney General Dana Nessel, who has been a strong supporter of the proposed law changes, in a statement called on lawmakers to act quickly next year on the bills when they reconvene.

"It is a moral, ethical and legal imperative that we strengthen the laws necessary to properly combat the exponential rise in hate crimes in our state. These proposed laws have the ability to intervene in bias oriented crimes before they rise to the level of a homicide," Nessel said. "Our current laws do little to reflect the societal dangers of hatred regularly targeting so many communities in Michigan."