New Michigan Senate Bill Aims to Update Terroristic Threat Law
The Michigan Senate recently passed a bill aimed at updating the state’s law against making terroristic threats. The bill, sponsored by State Senator Sue Shink, seeks to clarify the conditions under which a person can be charged for making such threats.
Under the proposed legislation, individuals must know that their speech would be perceived as a threat, recklessly disregard that possibility, or knowingly make a false report to be charged. This update comes as Michigan judges raised concerns about the constitutionality of the current standard, which relied on a “reasonable person’s” definition of a threat.
Senator Shink emphasized the importance of replacing the existing law with a new policy to ensure the safety of Michiganders. She highlighted the significance of taking threats seriously, as they often precede harmful actions.
Various groups, including the Criminal Defense Attorneys of Michigan and the ACLU of Michigan, have expressed concerns about the state’s current law and earlier versions of the bill. Liz Balck, a policy strategist with the ACLU of Michigan, urged lawmakers to clarify the definition of “reckless disregard” in the bill.
It is crucial for legislators to carefully balance restricting free speech rights with ensuring the safety of the public. Prosecutors must demonstrate that the defendant consciously disregarded the risk of communicating threatening violence, distinguishing serious threats from jokes or hyperbole.
The bill passed the Senate with a unanimous vote of 35-0 and will now move to the state House of Representatives for further consideration.
