Governor Gretchen Whitmer signed two bills related to hate crimes into law. The legislation, called the Michigan Hate Crime Act, expands the definition of hate crimes and include protections against crimes or threatening behavior based on sex, sexual orientation, gender identity or expression, age, or physical or mental disabilities. The laws also increase the penalties for hate crimes.
The new legislation expands upon the 1988 Ethnic Intimidation Law, which protects individuals from physical harm, damages to personal property, and threats based on a person’s race, religion, gender, or national origin. Race, religion, ethnicity, and national origin are still attributes protected under the new Michigan Hate Crime Act.
The Michigan House of Representatives initially passed the bills in June 2023 but introduced a different version of the bills in 2024 after false claims alleging the bill criminalizes language that misgenders a person went viral. The updated version of the bills was passed by the House in November 2024 and by the state Senate in December 2024. The bills were passed largely along party lines, with Democrats approving, in the then-Democratically-controlled House and Senate.
The new laws will take effect April 2.
The Michigan Hate Crime Act is made up of House Bill 5400 and House Bill 5401. House Bill 5400 outlines what is classified as hate crimes under Michigan law and what the penalties are for offenses. House Bill 5401 revises, consolidates, and codifies the laws related to criminal procedure.
The state of Michigan’s definition of a hate crime is “a crime committed that is motivated by prejudice, hate or bias.”
State Representative Noah Arbit (D-West Bloomfield) sponsored the bills.
“I think what’s really important to understand, like why this is so important, is that hate crimes are unique from all other crimes because there’s never just one victim of a hate crime,” Arbit told Michigan Public. “Hate crime impacts an entire community.”
The law will criminalize force or violence against an individual, causing bodily injury to another individual, stalking another individual, or damaging, destroying, or defacing any personal property without the consent of the owner based in part or in whole on an actual or perceived characteristic listed in the bill.
Penalties are strengthened
The Michigan Hate Crime Act will strengthen penalties for committing hate crimes. According to the legislation, those who commit a first violation for offenses based on characteristics such as sexual orientation or gender expression will face up to two years in prison, a fine of up to $5,000, or both prison time and a fine.
Those who commit an offense can be imprisoned for up to five years or fined up to $10,000, or both. Second offenses, offenses committed by an adult against a minor, and offenses committed by an individual who possessed a dangerous weapon will face imprisonment of up to 10 years, a fine of up to $15,000, or both.
State Representative Kristian Grant (D-Grand Rapids) sponsored the bills alongside Arbit. Grant said the hate crime law in Michigan needed to be updated to reflect modern-day discrimination.
“We have seen many laws updated and we have more understanding of certain discrimination since the 80s,” Grant said. “So it's clearly clarifying what a hate crime is and putting penalties on the books that will really hold people accountable. It's not just a slap on the wrist.”
Michigan Attorney General Dana Nessel wrote in a January 22 statement that Michigan hate crime laws needed to be updated in a climate where hate crimes are increasing.
“Our state’s previous hate crime laws were inadequate to deter and properly prosecute those that target Michigan residents with fear and hatred, simply for who they are,” Nessel wrote.
Arbit said he believes that the Michigan Hate Crime Act will transform Michigan from a national laggard to a national leader in hate crime prevention, intervention, and response.
“Almost every state but, I think, three have hate crime laws,” Arbit said. “I read every single one I went through and sort of took what I thought was the best from the states that have these laws. And I dispensed with what I didn't think worked and came up with what I believe is a gold standard state hate crime statute.”
Grant said there have been multiple cases in Michigan in which current laws could not protect individuals with marginalized identities.
“There was a woman in the Detroit area, an African-American woman, who was being targeted by a neighbor who was intimidating her and her family with Ku Klux Klan paraphernalia. And they had no recourse,” Grant said. “They felt very unsafe and they had to leave their home. And that story, along with many other stories from Michiganders all across the state, really spoke to me.”
