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Committee adopts substitutes and reports bills tightening penalties for fleeing and eluding (HB 4690, HB 4691)
Summary
The committee adopted substitute bills and voted to report House Bills 4690 and 4691, which adjust mandatory minimum jail time for repeat fleeing-and-eluding convictions; roll-call tallies were recorded in committee minutes.
The Michigan House Judiciary Committee adopted substitute language and reported two bills addressing fourth-degree fleeing and eluding.
House Bill 4690: Committee members adopted H-1 substitute language during a roll call that the clerk recorded as 9 yeas and 0 nays; the substitute establishes that when a defendant has a prior conviction for fleeing and eluding of any degree, a mandatory minimum jail term of 30 days applies. Representative Bagole moved to report HB 4690 as substituted; on the roll call the clerk recorded the committee’s recommendation to report the bill with a recorded tally of 7 yeas and 2 nays. The clerk stated “The motion prevails.”
House Bill 4691: The committee adopted substitute H-1 for HB 4691 on a roll call recorded in committee minutes with 7 yeas and 2 nays. Representative DeBoer moved to report HB 4691 as substituted; the committee’s final roll call was recorded as 9 yeas and 0 nays and the clerk announced the bill was reported with the recommendation of substitute H-1.
Committee members and sponsors described the substitute language as an attempt to preserve judicial discretion in most fourth-degree fleeing-and-eluding cases while creating a stiffer mandatory minimum where a defendant has a prior fleeing-and-eluding conviction. Under the prior draft referenced in committee discussion, a particular draft showed 182 days as a mandatory minimum; stakeholders and the sponsor negotiated the substitute to a 30-day mandatory minimum for repeat convictions. The committee completed the roll calls and reported both bills to the next stage.
Votes at a glance
- HB 4690 (sub H-1 adopted): Substitute adoption roll-call recorded as 9 yeas, 0 nays. Reported as sub H-1: roll-call recorded as 7 yeas, 2 nays; motion recorded as prevailing.
- HB 4691 (sub H-1 adopted): Substitute adoption roll-call recorded as 7 yeas, 2 nays. Reported as sub H-1: roll-call recorded as 9 yeas, 0 nays; bill reported with recommendation of substitute H-1.
The committee did not accompany the reported bills with explanatory notes in the hearing transcript; sponsors and members indicated the substitute language reflects stakeholder negotiations.
