Michigan Senate Seeks to Update Definition of Terroristic Threats
In a significant legislative move, the Michigan Senate has approved a measure to refine the state’s legal stance on terroristic threats. The updated law aims to ensure that individuals can only be prosecuted if they knowingly or recklessly communicate threats, or if they intentionally make false claims.
The newly introduced bill shifts the focus from a “reasonable person’s” perception of a threat to the suspect’s awareness of their speech being potentially threatening. This change comes after Michigan judges expressed concerns about the constitutionality of the current standard in light of recent Supreme Court decisions.
Senator Sue Shink, representing Northfield Township, is spearheading the bill, emphasizing the necessity of the update for public safety. She stated, “A lot of times a person will make a threat before they actually take action. And so, these threats need to be taken seriously and the people who are making these threats need to be taken seriously. Without adequate tools, prosecutors can’t protect us from people who are making threats and about to take action.”
The existing legislation has faced scrutiny from various entities, including the Criminal Defense Attorneys of Michigan and the ACLU of Michigan, both of which have voiced concerns over the law’s clarity and earlier drafts of the bill. Liz Balck, a policy strategist with the ACLU of Michigan, urged lawmakers to further define what constitutes “reckless disregard” in the context of the bill.
Balck highlighted the delicate balance required when limiting freedom of speech, asserting, “Prosecutors, they have to prove that the defendant really, consciously, disregarded that risk to communicate threatening violence versus just saying something in a joking manner, an inappropriate context, or hyperbole.”
With unanimous support, the bill passed the Senate with a 35-0 vote and is now set for consideration in the state House of Representatives.
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