The Michigan Senate voted Thursday to update the state’s law against making terroristic threats.
The bill would clarify that, to be charged, a person must know that their speech would be perceived as a threat, recklessly disregard that possibility, or knowingly make a false report.
In court, the current standard relied on a “reasonable person’s” definition of a threat. Michigan judges raised questions about its constitutionality in light of federal Supreme Court rulings.
State Senator Sue Shink (D-Northfield Twp) sponsors the bill and said it’s important that lawmakers replace the law with a new policy to keep Michiganders safe.
“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,” Shink said Thursday.
The Criminal Defense Attorneys of Michigan and ACLU of Michigan were among the groups that raised concerns about the state’s current law and earlier versions of the bill.
Liz Balck is a policy strategist with the ACLU of Michigan. She pushed lawmakers to clarify what “reckless disregard” meant in the bill.
Balck said it’s important that lawmakers are careful when restricting free speech rights.
“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,” Balck said.
The bill passed the Senate 35-0. It now heads to the state House of Representatives.
