AG Nessel Testifies in Support of Legislation Strengthening Michigan’s Anti-Terrorism Law

LANSING – Today, 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, sponsored by Senator Sue Shink. Senate Bill 502 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. 

The legislation comes in response to the Michigan Court of Appeals decision, which initially misinterpreted Michigan’s anti-terrorism law and deemed it unconstitutional. Attorney General Nessel filed an amicus brief in support of the emergency application filed by the Wayne County Prosecutor with the Michigan Supreme Court, which later vacated and remanded the decision by the Michigan Court of Appeals. 

While the Michigan Court of Appeals ultimately upheld the constitutionality of the law, it urged the 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. “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 would clarify the standards of the anti-terrorism statute to ensure prosecutors can continue to charge individuals who make credible violent threats.