Great Lakes Wire

Michigan Attorney General Dana Nessel and Deputy Solicitor General Eric Restuccia appeared before the Senate Civil Rights, Judiciary, and Public Safety Committee to express support for Senate Bill 502. The bill, introduced by Senator Sue Shink, seeks to amend the Michigan Anti-Terrorism Act. If passed, it would make it a felony for a person to threaten an act of terrorism and communicate that threat with reckless disregard for a substantial risk. The offense would be punishable by up to 20 years in prison, a fine of up to $20,000, or both.

This legislative effort follows a recent case where the Michigan Court of Appeals initially ruled against the state’s anti-terrorism law on constitutional grounds. Attorney General Nessel responded by filing an amicus brief supporting Wayne County Prosecutor’s emergency application to the Michigan Supreme Court. The Supreme Court later vacated and remanded the appellate decision.

Although the Michigan Court of Appeals eventually upheld the constitutionality of the law, it recommended that lawmakers clarify and update its language to avoid further legal disputes. At present, there are eight active cases being prosecuted under this statute by the Department of Attorney General.

“Michigan’s anti-terrorism statute has saved lives and prevented threats that disrupt our communities,” said Nessel. “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 existing standards so prosecutors can continue pursuing charges against individuals making credible violent threats.