Michigan Attorney General Dana Nessel and Deputy Solicitor General Eric Restuccia testified before the Senate Civil Rights, Judiciary, and Public Safety Committee in support of Senate Bill 502. The bill, sponsored by Senator Sue Shink, seeks to amend the Michigan Anti-Terrorism Act. If passed, it would specify that making a threat to commit an act of terrorism with reckless disregard for a substantial risk would be classified as a felony. The penalties could include up to 20 years in prison, a maximum fine of $20,000, or both.
The proposal follows a Michigan Court of Appeals decision that initially found the state’s anti-terrorism law unconstitutional due to misinterpretation. In response, Attorney General Nessel filed an amicus brief supporting the Wayne County Prosecutor’s emergency application with the Michigan Supreme Court. The Supreme Court later vacated and remanded the appeals court’s decision.
Although the Michigan Court of Appeals ultimately upheld the constitutionality of the law, it recommended legislative clarification to avoid similar challenges in the future. There are currently eight pending cases under this statute within the Michigan Department of Attorney General.
Nessel stated: “Michigan’s anti-terrorism statute has saved lives and prevented threats that disrupt our communities. 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.”
Senate Bill 502 aims to clarify how prosecutors can continue charging individuals who make credible violent threats under state law.
