Michigan 2023-2024 Regular Session

Michigan House Bill HB4148 Compare Versions

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1-Act No. 36 Public Acts of 2023 Approved by the Governor May 22, 2023 Filed with the Secretary of State May 22, 2023 EFFECTIVE DATE: Sine Die (91st day after final adjournment of the 2023 Regular Session) state of michigan 102nd Legislature Regular session of 2023 Introduced by Reps. Young, Morse, Skaggs, Rogers, Brixie, Rheingans, Glanville, Neeley, Arbit, Brabec, Hood, Price, Martus, Wegela, Pohutsky, Byrnes, Hope, Morgan, MacDonell, Puri, Stone, Weiss, Hoskins, Paiz, Scott, McKinney, Koleszar, Mentzer, Edwards, Grant, Brenda Carter, ONeal, Tyrone Carter, Tsernoglou, Dievendorf, Wilson, Steckloff, Snyder, Breen, Conlin, Fitzgerald, Whitsett, Farhat, McFall and Aiyash ENROLLED HOUSE BILL No. 4148 AN ACT to amend 1927 PA 175, entitled An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act, (MCL 760.1 to 777.69) by adding section 15e to chapter XVII. The People of the State of Michigan enact: CHAPTER XVII Sec. 15e. This chapter applies to the following felonies enumerated in chapter 691 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 691.1819(1)(a) Pub saf G Violation of an extreme risk protection order first offense 1 691.1819(1)(b) Pub saf F Violation of an extreme risk protection order second offense 4 691.1819(1)(c) Pub saf E Violation of an extreme risk protection order third or subsequent offense 5 691.1819(4)(b) Pub trst F False statement in complaint for an extreme risk protection order second offense 4 691.1819(4)(c) Pub trst E False statement in complaint for an extreme risk protection order third or subsequent offense 5 691.1819(5) Pub saf G Knowingly providing a firearm to individual restrained under an extreme risk protection order 1 Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 83 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
1+state of michigan 102nd Legislature Regular session of 2023 Introduced by Reps. Young, Morse, Skaggs, Rogers, Brixie, Rheingans, Glanville, Neeley, Arbit, Brabec, Hood, Price, Martus, Wegela, Pohutsky, Byrnes, Hope, Morgan, MacDonell, Puri, Stone, Weiss, Hoskins, Paiz, Scott, McKinney, Koleszar, Mentzer, Edwards, Grant, Brenda Carter, ONeal, Tyrone Carter, Tsernoglou, Dievendorf, Wilson, Steckloff, Snyder, Breen, Conlin, Fitzgerald, Whitsett, Farhat, McFall and Aiyash ENROLLED HOUSE BILL No. 4148 AN ACT to amend 1927 PA 175, entitled An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act, (MCL 760.1 to 777.69) by adding section 15e to chapter XVII. The People of the State of Michigan enact: CHAPTER XVII Sec. 15e. This chapter applies to the following felonies enumerated in chapter 691 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 691.1819(1)(a) Pub saf G Violation of an extreme risk protection order first offense 1 691.1819(1)(b) Pub saf F Violation of an extreme risk protection order second offense 4 691.1819(1)(c) Pub saf E Violation of an extreme risk protection order third or subsequent offense 5 691.1819(4)(b) Pub trst F False statement in complaint for an extreme risk protection order second offense 4 691.1819(4)(c) Pub trst E False statement in complaint for an extreme risk protection order third or subsequent offense 5 691.1819(5) Pub saf G Knowingly providing a firearm to individual restrained under an extreme risk protection order 1 Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 83 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
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3-Act No. 36
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5-Public Acts of 2023
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7-Approved by the Governor
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9-May 22, 2023
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11-Filed with the Secretary of State
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13-May 22, 2023
148
15-EFFECTIVE DATE: Sine Die
169
17-(91st day after final adjournment of the 2023 Regular Session)
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1917 state of michigan
2018
2119 102nd Legislature
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2321 Regular session of 2023
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2523 Introduced by Reps. Young, Morse, Skaggs, Rogers, Brixie, Rheingans, Glanville, Neeley, Arbit, Brabec, Hood, Price, Martus, Wegela, Pohutsky, Byrnes, Hope, Morgan, MacDonell, Puri, Stone, Weiss, Hoskins, Paiz, Scott, McKinney, Koleszar, Mentzer, Edwards, Grant, Brenda Carter, ONeal, Tyrone Carter, Tsernoglou, Dievendorf, Wilson, Steckloff, Snyder, Breen, Conlin, Fitzgerald, Whitsett, Farhat, McFall and Aiyash
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2725 ENROLLED HOUSE BILL No. 4148
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2927 AN ACT to amend 1927 PA 175, entitled An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act, (MCL 760.1 to 777.69) by adding section 15e to chapter XVII.
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3129 The People of the State of Michigan enact:
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3331 CHAPTER XVII
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3735 Sec. 15e. This chapter applies to the following felonies enumerated in chapter 691 of the Michigan Compiled Laws:
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3937 M.C.L. Category Class Description Stat Max
4038 691.1819(1)(a) Pub saf G Violation of an extreme risk protection order first offense 1
4139 691.1819(1)(b) Pub saf F Violation of an extreme risk protection order second offense 4
4240 691.1819(1)(c) Pub saf E Violation of an extreme risk protection order third or subsequent offense 5
4341 691.1819(4)(b) Pub trst F False statement in complaint for an extreme risk protection order second offense 4
4442 691.1819(4)(c) Pub trst E False statement in complaint for an extreme risk protection order third or subsequent offense 5
4543 691.1819(5) Pub saf G Knowingly providing a firearm to individual restrained under an extreme risk protection order 1
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4745 M.C.L.
4846
4947 Category
5048
5149 Class
5250
5351 Description
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5553 Stat Max
5654
5755 691.1819(1)(a)
5856
5957 Pub saf
6058
6159 G
6260
6361 Violation of an extreme risk protection order first offense
6462
6563 1
6664
6765 691.1819(1)(b)
6866
6967 Pub saf
7068
7169 F
7270
7371 Violation of an extreme risk protection order second offense
7472
7573 4
7674
7775 691.1819(1)(c)
7876
7977 Pub saf
8078
8179 E
8280
8381 Violation of an extreme risk protection order third or subsequent offense
8482
8583 5
8684
8785 691.1819(4)(b)
8886
8987 Pub trst
9088
9189 F
9290
9391 False statement in complaint for an extreme risk protection order second offense
9492
9593 4
9694
9795 691.1819(4)(c)
9896
9997 Pub trst
10098
10199 E
102100
103101 False statement in complaint for an extreme risk protection order third or subsequent offense
104102
105103 5
106104
107105 691.1819(5)
108106
109107 Pub saf
110108
111109 G
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113111 Knowingly providing a firearm to individual restrained under an extreme risk protection order
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115113 1
116114
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119117 Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 83 of the 102nd Legislature is enacted into law.
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127125 Clerk of the House of Representatives
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133131 Secretary of the Senate
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135133 Approved___________________________________________
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137135 ____________________________________________________
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139137 Governor