HOUSE BILL NO. 4539 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50. the people of the state of michigan enact:
HOUSE BILL NO. 4539
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.
the people of the state of michigan enact:
1 2 3 4 CHAPTER XVII Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 750.135 Person D Exposing children with intent to injure or abandon 10 750.135a(2)(c) Person D Leaving child unattended in vehicle resulting in serious physical harm 10 750.135a(2)(d) Person B Leaving child unattended in vehicle resulting in death 15 750.135b Person F Providing certain drugs or surgery to a minor for gender transition 4 750.136 Person B Female genital mutilation violation 15 750.136a Person B Transporting person for purpose of female genital mutilation 15 750.136b(2) Person A First degree child abuse Life 750.136b(4)(a) Person C Second degree child abuse first offense 10 750.136b(4)(b) Person B Second degree child abuse with prior conviction 20 750.136b(6)(a) Person G Third degree child abuse first offense 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 750.136b(6)(b) Person E Third degree child abuse with prior conviction 5 750.136b(8)(b) Person G Fourth degree child abuse with prior conviction 2 750.136c Person B Buying or selling an individual 20 750.136d(1)(a) Person A First degree child abuse in presence of another child Life 750.136d(1)(b) Person D Second degree child abuse in presence of another child first offense 10 750.136d(1)(c) Person B Second degree child abuse in presence of another child second or subsequent offense 20 750.136d(1)(d) Person G Third degree child abuse in presence of another child 2 750.145a Person F Soliciting child to commit an immoral act 4 750.145b Person D Accosting children for immoral purposes with prior conviction 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 750.145c(2)(a) Person B Producing child sexually abusive activity or material 20 750.145c(2)(b) Person B Aggravated producing of child sexually abusive activity or material 25 750.145c(3)(a) Person D Distributing, promoting, or financing the distribution of child sexually abusive activity or material 7 750.145c(3)(b) Person C Aggravated distributing, promoting, or financing the distribution of child sexually abusive activity or material 15 750.145c(4)(a) Person F Possessing child sexually abusive material 4 750.145c(4)(b) Person B Aggravated possession of child sexually abusive material 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 750.145d(2)(b) Variable G Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years 2 750.145d(2)(c) Variable F Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years 4 750.145d(2)(d) Variable D Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years 10 750.145d(2)(e) Variable C Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 750.145d(2)(f) Variable B Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life 20 750.145n(1) Person C First degree vulnerable adult abuse 15 750.145n(2) Person F Second degree vulnerable adult abuse 4 750.145n(3) Person G Third degree vulnerable adult abuse 2 750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5 750.145p(1) Person G Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult 2 750.145p(2) Person G Retaliation or discrimination by caregiver against vulnerable adult 2 1 2 3 4 5 6 7 8 9 10 11 12 13 750.145p(5) Person E Caregiver or licensee violation against vulnerable adult second or subsequent offense 5 750.147b Person G Ethnic intimidation 2 (2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4540 (request no. 02486'23) of the 102nd Legislature is enacted into law.
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CHAPTER XVII
Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
M.C.L.
Category
Class
Description
Stat Max
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
750.135 Person D Exposing children with intent to injure or abandon 10
750.135a(2)(c) Person D Leaving child unattended in vehicle resulting in serious physical harm 10
750.135a(2)(d) Person B Leaving child unattended in vehicle resulting in death 15
750.135b Person F Providing certain drugs or surgery to a minor for gender transition 4
750.136 Person B Female genital mutilation violation 15
750.136a Person B Transporting person for purpose of female genital mutilation 15
750.136b(2) Person A First degree child abuse Life
750.136b(4)(a) Person C Second degree child abuse first offense 10
750.136b(4)(b) Person B Second degree child abuse with prior conviction 20
750.136b(6)(a) Person G Third degree child abuse first offense 2
750.135
Person
D
Exposing children with intent to injure or abandon
10
750.135a(2)(c)
Person
D
Leaving child unattended in vehicle resulting in serious physical harm
10
750.135a(2)(d)
Person
B
Leaving child unattended in vehicle resulting in death
15
750.135b
Person
F
Providing certain drugs or surgery to a minor for gender transition
4
750.136
Person
B
Female genital mutilation violation
15
750.136a
Person
B
Transporting person for purpose of female genital mutilation
15
750.136b(2)
Person
A
First degree child abuse
Life
750.136b(4)(a)
Person
C
Second degree child abuse first offense
10
750.136b(4)(b)
Person
B
Second degree child abuse with prior conviction
20
750.136b(6)(a)
Person
G
Third degree child abuse first offense
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
750.136b(6)(b) Person E Third degree child abuse with prior conviction 5
750.136b(8)(b) Person G Fourth degree child abuse with prior conviction 2
750.136c Person B Buying or selling an individual 20
750.136d(1)(a) Person A First degree child abuse in presence of another child Life
750.136d(1)(b) Person D Second degree child abuse in presence of another child first offense 10
750.136d(1)(c) Person B Second degree child abuse in presence of another child second or subsequent offense 20
750.136d(1)(d) Person G Third degree child abuse in presence of another child 2
750.145a Person F Soliciting child to commit an immoral act 4
750.145b Person D Accosting children for immoral purposes with prior conviction 10
750.136b(6)(b)
Person
E
Third degree child abuse with prior conviction
5
750.136b(8)(b)
Person
G
Fourth degree child abuse with prior conviction
2
750.136c
Person
B
Buying or selling an individual
20
750.136d(1)(a)
Person
A
First degree child abuse in presence of another child
Life
750.136d(1)(b)
Person
D
Second degree child abuse in presence of another child first offense
10
750.136d(1)(c)
Person
B
Second degree child abuse in presence of another child second or subsequent offense
20
750.136d(1)(d)
Person
G
Third degree child abuse in presence of another child
2
750.145a
Person
F
Soliciting child to commit an immoral act
4
750.145b
Person
D
Accosting children for immoral purposes with prior conviction
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
750.145c(2)(a) Person B Producing child sexually abusive activity or material 20
750.145c(2)(b) Person B Aggravated producing of child sexually abusive activity or material 25
750.145c(3)(a) Person D Distributing, promoting, or financing the distribution of child sexually abusive activity or material 7
750.145c(3)(b) Person C Aggravated distributing, promoting, or financing the distribution of child sexually abusive activity or material 15
750.145c(4)(a) Person F Possessing child sexually abusive material 4
750.145c(4)(b) Person B Aggravated possession of child sexually abusive material 10
750.145c(2)(a)
Person
B
Producing child sexually abusive activity or material
20
750.145c(2)(b)
Person
B
Aggravated producing of child sexually abusive activity or material
25
750.145c(3)(a)
Person
D
Distributing, promoting, or financing the distribution of child sexually abusive activity or material
7
750.145c(3)(b)
Person
C
Aggravated distributing, promoting, or financing the distribution of child sexually abusive activity or material
15
750.145c(4)(a)
Person
F
Possessing child sexually abusive material
4
750.145c(4)(b)
Person
B
Aggravated possession of child sexually abusive material
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
750.145d(2)(b) Variable G Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years 2
750.145d(2)(c) Variable F Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years 4
750.145d(2)(d) Variable D Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years 10
750.145d(2)(e) Variable C Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years 15
750.145d(2)(b)
Variable
G
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years
2
750.145d(2)(c)
Variable
F
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years
4
750.145d(2)(d)
Variable
D
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years
10
750.145d(2)(e)
Variable
C
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
750.145d(2)(f) Variable B Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life 20
750.145n(1) Person C First degree vulnerable adult abuse 15
750.145n(2) Person F Second degree vulnerable adult abuse 4
750.145n(3) Person G Third degree vulnerable adult abuse 2
750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5
750.145p(1) Person G Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult 2
750.145p(2) Person G Retaliation or discrimination by caregiver against vulnerable adult 2
750.145d(2)(f)
Variable
B
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life
20
750.145n(1)
Person
C
First degree vulnerable adult abuse
15
750.145n(2)
Person
F
Second degree vulnerable adult abuse
4
750.145n(3)
Person
G
Third degree vulnerable adult abuse
2
750.145o
Person
E
Death of vulnerable adult caused by unlicensed caretaker
5
750.145p(1)
Person
G
Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult
2
750.145p(2)
Person
G
Retaliation or discrimination by caregiver against vulnerable adult
2
1
2
3
4
5
6
7
8
9
10
11
12
13
750.145p(5) Person E Caregiver or licensee violation against vulnerable adult second or subsequent offense 5
750.147b Person G Ethnic intimidation 2
750.145p(5)
Person
E
Caregiver or licensee violation against vulnerable adult second or subsequent offense
5
750.147b
Person
G
Ethnic intimidation
2
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4540 (request no. 02486'23) of the 102nd Legislature is enacted into law.