Michigan Attorney General Urges Lawmakers to Strengthen Anti-Terrorism Law

Michigan Attorney General Dana Nessel and Deputy Solicitor General Eric Restuccia testified before the Senate Civil Rights, Judiciary, and Public Safety Committee last week in support of a bill that would strengthen the state’s anti-terrorism law.

Senate Bill 502, sponsored by Senator Sue Shink, would amend the Michigan Anti-Terrorism Act to specify that a person who threatens to commit an act of terrorism and communicates the threat with reckless disregard of a substantial risk would be guilty of a felony punishable by up to 20 years’ imprisonment, a maximum fine of $20,000, or both.

Earlier this year the Michigan Court of Appeals deemed the state’s anti-terrorism act unconstitutional because it does not require proof that the defendant subjectively understood the threatening nature of the statements or acted recklessly when making them. the Michigan Supreme Court vacated the state Court of Appeals’ ruling, thus temporarily preserving the anti-terror statute.

In June, the Michigan Court of Appeals upheld the constitutionality of the law in accordance with a directive from the Michigan Supreme Court. The Court of Appeals urged the state legislature to clarify and update the statute to prevent future challenges. Currently, the Michigan Department of Attorney General has eight pending cases under this statute.

“Michigan’s anti-terrorism statute has saved lives and prevented threats that disrupt our communities,” Nessel said in a statement. “This law has been instrumental in prosecuting threats against schools, law enforcement, judicial officers and elected officials on both sides of the aisle. Striking down this crucial law would have made our state less safe and hindered our ability to hold those who threaten Michiganders accountable. Without this legislation, our anti-terrorism protections remain vulnerable, and threats of terrorism are too serious to risk weakening our ability to respond.”

The anti-terrorism act prohibits and defines acts of terrorism, which includes causing or threatening death, serious injury, or substantial property damage with the intent to coerce a civilian population or influence a government.

Topics Catastrophe Natural Disasters Legislation Michigan