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Newly-introduced senate bill would change first MIP offense

September 14, 2016

A bill that would reclassify the first minor in possession, or MIP, offense by an underage individual from a misdemeanor to a civil infraction passed the Michigan House Criminal Justice Committee unanimously on Tuesday.

Senate Bill 332, if enacted, would remove the possibility of jail time for first-time offenders, instead conferring a $100 fine. The bill was passed near-unanimously by the state Senate in March.

It was introduced last May by Michigan Sen. Rick Jones (R - Grand Ledge), a former Eaton County sheriff who served as a police officer for more than 30 years. Jones said he introduced the legislation because he perceived an inequality in how MIP laws were enforced across the state.

“With all my law enforcement experience, I’m not for (supporting) young people abusing alcohol, however I discovered there’s a wide disparity in how people are treated when they get caught with a beer,” Jones said.

Jones said, in some places, offenders would have a permanent criminal record and some judges have given as much as seven days in jail for an MIP, but in other districts an offender would receive a fine, probation and have the offense off their record after two years of good behavior.

“It’s very unfair, it depends where you get into trouble,” Jones said.

Chemical engineering sophomore Basheer Al-Sanouri said he thinks the legislation might encourage more students to drink, but hopes it does not.

“I think everyone knows that someone’s going to have it eventually, but I don’t think it should be considered as a major crime put on someone’s record, because it’d probably ruin their life,” Al-Sanouri said. “I don’t think it should go on someone’s record, that they had to do jail time just because they were in possession.”

Under the new legislation, Jones said first-time offenders would avoid a criminal record and jail time, but punishments would progressively become harsher for further offenses.

Senate Bill 333, a sister bill introduced and voted on together with Senate bill 332, would add suspension of the individual’s driver’s license to the potential consequences of a third MIP offense. The second and third offense would be enforceable through increased fines and possibility of jail time, up to 30 and 60 days respectively.

Jones said while there would be no jail time for the first offense, the police can still detain someone until they are sober if they are intoxicated to a disruptive or dangerous degree, and a judge may still order rehab after such an event.

His goal was for the law to treat everyone equally for the first offense, but to not destroy young people’s futures for one mistake, Jones said.

“I don’t want to be easy on alcohol abuse, but certainly for walking while having a beer in your system or for being caught with one beer in your hand, I don’t think you should have a criminal record,” Jones said. “Most young people, when they have an adult beverage, don’t even think about the consequences, then they get caught and their life is turned upside down.”

Chemistry freshman Jane Lynch said the legislation won’t encourage drinking, and would make the consequences less severe for those who do.

“I think it’ll make students’ lives a lot easier,” Lynch said. “It could make an accident that they have, like they get caught with it, it’ll make it not as detrimental.”

Jones said the bills now only need to pass a vote on the house floor and receive Gov. Rick Snyder’s signature to become a law. Jones said he’s confident the legislation will be passed by the end of the year.

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