Legislation ups penalties for damaging places of worship, cemeteries
In order to combat threats of violence and acts of vandalism against places of worship and gathering for cultural and religious communities, the Michigan Legislature last week passed bills making “maliciously and intentionally” damaging or defacing such properties based on their association or perceived association with a certain identity a crime of “institutional desecration.”
The bills, HB 4476 and HB 4477, passed through both houses of the Legislature with bipartisan support Thursday and would create penalties for causing damage to places such as mosques, schools, cemeteries and businesses. They now head to Gov. Gretchen Whitmer for final approval.
It’s a personal issue for one of the sponsors, state Rep. Ranjeev Puri, D-Canton, as he told members of the Senate Civil Rights, Judiciary and Public Safety Committee that it caused him to run for office.
When a shooter came to the Sikh Temple in Oak Creek, Wis., in 2012, shooting and killing seven people, it was the deadliest attack on Sikh Americans in U.S. history. It was also the Gurdwara that Puri’s parents helped build in the 1990s when they lived there — the first in the state.
“Oftentimes, I’m asked why these crimes deserve what some might call special treatment, because it’s already a crime to hurt someone or destroy property, but hate crimes are very different, hate crimes are committed to purposely send a message and after a heinous act of violence or destruction of one’s place of worship, it’s not just the
In the version of the bill passed by the House, failure to provide a proper disclaimer could result in a misdemeanor punishable by up to 93 days in prison, a fine of up to $1,000, or both with fines raised to $1,500 for a second violation. A third and any subsequent offense would have been a felony punishable by a fine of up to $2,000, two years in prison or both.
However, the final version passed by the Senate and concurred in the House reduced the penalties significantly, changing the violations to a state civil infraction. First-time offenses will result in a maximum fine of $250, while each further violation carries a maximum fine of $1,000. Each advertisement that is distributed or aired would be considered a separate violation with some exemptions for parody or satire ads and the media.
The final version of the bill also dropped language creating penalties for parties outside of qualified campaigns who circulate political materials created by AI without including a disclaimer.
While lawmakers reduced the penalties for failing to include a disclaimer in political ads, the punishments for distributing materially deceptive media — often known as deepfakes — with the intent to deceive voters have remained consistent.
Individuals who fail to include a disclaimer on their potentially deceptive ads would face misdemeanor charges, a maximum fine of $500 and no more than 90 days of imprisonment for their first offense. If another violation occurs within five years of a previous violation, it would be a felony, punishable by up to five years in prison and a fine of up to $1,000.
The Legislature also adjusted the definition of AI included in HB 5143, which now defines artificial intelligence as “a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following:
— Perceive real and virtual environments.
— Abstract such perceptions into models through analysis in an automated manner.
— Use model inference to formulate options for information or action.”
“AI is a rapidly evolving technology. And as we go forward, it’s going to have an even greater impact on our election process and how people consume political information leading up to elections,” state Rep. Matthew Bierlein, R-Vassar, one of the sponsors of the AI package, said while speaking in support of the bills before the House Elections Committee.
“In an era where AI is becoming an integral part of our lives, it is crucial to have a legal framework that addresses impacts and potential risks. … The bills are a win for voters and a win for the integrity of our (election) process. If we don’t establish a clear framework now we’re going to be playing catch up later,” Bierlein said.
Michigan Secretary of State Jocelyn Benson earlier had praised the bills’ passage in the House in a statement.
“The Legislature’s vote to strengthen penalties for those who threaten or harass election workers in particular will put us in a strong position to ensure the safety and security of election officials across our state,” Benson said.
“I’m also glad to see bills passed today that address the impact of artificial intelligence on our political discourse and election security … I will continue to work with our partners at the state and federal level to make sure we do everything possible to protect voters from foreign or domestic attempts to utilize AI to interfere in our elections,” Benson said.
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