Michigan 2023-2024 Regular Session

Michigan House Bill HB4696 Compare Versions

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1-Act No. 83 Public Acts of 2023 Approved by the Governor July 18, 2023 Filed with the Secretary of State July 19, 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. Tsernoglou, Hope, Hill, Young, Glanville, Rheingans, Wilson, Morgan, Miller, Wegela, Grant, ONeal, Paiz, MacDonell, Brixie, Koleszar, Hoskins, Price, Coffia, Weiss, Byrnes and Brabec ENROLLED HOUSE BILL No. 4696 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, by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661. The People of the State of Michigan enact: CHAPTER XVII Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 168.303(6) Pub trst E Signing a nominating petition with multiple names 5 168.482e(3) Pub trst E Signing a petition with multiple names 5 168.544c(10) Pub trst E Signing a nominating petition with multiple names 5 168.590h(6) Pub trst E Signing a qualifying petition with multiple names 5 168.685(11) Pub trst E Signing a petition to form a new political party with multiple names 5 168.720j(14) Pub trst E Disclosing an election result from an early voting site before election day 5 168.731(4) Pub trst G Election law filing certain false statements 2 168.734 Pub trst G Election law election board refusing to provide challenger conveniences 2 168.756 Pub trst E Electors false statement concerning inability to mark ballot 5 168.757 Pub trst E Election inspector unlawful conduct 5 168.759(13) Pub trst E Forged signature on absentee ballot 5 168.759b Pub trst E False statement in application for emergency absentee ballot 5 168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5 168.765a(9) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5 168.769(4) Pub trst E Voting both in person and by absentee ballot 5 168.808 Pub trst E Untrue statement by member of board of inspectors 4 168.873 Pub trst E Misconduct of election employee in recount county and local 5 168.887 Pub trst E Misconduct of election employee in recount 5 168.932(a) Pub trst E Bribing or intimidating voters 5 168.932(b) Pub trst E Ballot tampering 5 168.932(c) Pub trst E Destroying or falsifying election return or records 5 168.932(d) Pub trst E Disclosing votes or obstructing voter 5 168.932(e) Pub trst E Absentee ballot tampering 5 168.932(f) Pub trst E Election law possess absent voter ballot delivered to another person 5 168.932(g) Pub trst E Suggesting how a disabled voter should vote 5 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5 168.932a Pub trst G Election offenses 4 168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5 168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5 168.936 Pub trst E Election law perjury 5 168.937 Pub trst E Election law forgery 5 168.954(4) Pub trst E Signing a recall petition with multiple names 5 Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No. 367. (b) Senate Bill No. 370. 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. Tsernoglou, Hope, Hill, Young, Glanville, Rheingans, Wilson, Morgan, Miller, Wegela, Grant, ONeal, Paiz, MacDonell, Brixie, Koleszar, Hoskins, Price, Coffia, Weiss, Byrnes and Brabec ENROLLED HOUSE BILL No. 4696 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, by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661. The People of the State of Michigan enact: CHAPTER XVII Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 168.303(6) Pub trst E Signing a nominating petition with multiple names 5 168.482e(3) Pub trst E Signing a petition with multiple names 5 168.544c(10) Pub trst E Signing a nominating petition with multiple names 5 168.590h(6) Pub trst E Signing a qualifying petition with multiple names 5 168.685(11) Pub trst E Signing a petition to form a new political party with multiple names 5 168.720j(14) Pub trst E Disclosing an election result from an early voting site before election day 5 168.731(4) Pub trst G Election law filing certain false statements 2 168.734 Pub trst G Election law election board refusing to provide challenger conveniences 2 168.756 Pub trst E Electors false statement concerning inability to mark ballot 5 168.757 Pub trst E Election inspector unlawful conduct 5 168.759(13) Pub trst E Forged signature on absentee ballot 5 168.759b Pub trst E False statement in application for emergency absentee ballot 5 168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5 168.765a(9) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5 168.769(4) Pub trst E Voting both in person and by absentee ballot 5 168.808 Pub trst E Untrue statement by member of board of inspectors 4 168.873 Pub trst E Misconduct of election employee in recount county and local 5 168.887 Pub trst E Misconduct of election employee in recount 5 168.932(a) Pub trst E Bribing or intimidating voters 5 168.932(b) Pub trst E Ballot tampering 5 168.932(c) Pub trst E Destroying or falsifying election return or records 5 168.932(d) Pub trst E Disclosing votes or obstructing voter 5 168.932(e) Pub trst E Absentee ballot tampering 5 168.932(f) Pub trst E Election law possess absent voter ballot delivered to another person 5 168.932(g) Pub trst E Suggesting how a disabled voter should vote 5 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5 168.932a Pub trst G Election offenses 4 168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5 168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5 168.936 Pub trst E Election law perjury 5 168.937 Pub trst E Election law forgery 5 168.954(4) Pub trst E Signing a recall petition with multiple names 5 Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No. 367. (b) Senate Bill No. 370. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
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3-Act No. 83
43
5-Public Acts of 2023
64
7-Approved by the Governor
85
9-July 18, 2023
106
11-Filed with the Secretary of State
127
13-July 19, 2023
148
15-EFFECTIVE DATE: Sine Die
169
17-(91st day after final adjournment of the 2023 Regular Session)
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12+
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15+
1816
1917 state of michigan
2018
2119 102nd Legislature
2220
2321 Regular session of 2023
2422
2523 Introduced by Reps. Tsernoglou, Hope, Hill, Young, Glanville, Rheingans, Wilson, Morgan, Miller, Wegela, Grant, ONeal, Paiz, MacDonell, Brixie, Koleszar, Hoskins, Price, Coffia, Weiss, Byrnes and Brabec
2624
2725 ENROLLED HOUSE BILL No. 4696
2826
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, by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661.
3028
3129 The People of the State of Michigan enact:
3230
3331 CHAPTER XVII
3432
3533
3634
3735 Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws:
3836
3937 M.C.L. Category Class Description Stat Max
4038 168.303(6) Pub trst E Signing a nominating petition with multiple names 5
4139 168.482e(3) Pub trst E Signing a petition with multiple names 5
4240 168.544c(10) Pub trst E Signing a nominating petition with multiple names 5
4341 168.590h(6) Pub trst E Signing a qualifying petition with multiple names 5
4442 168.685(11) Pub trst E Signing a petition to form a new political party with multiple names 5
4543 168.720j(14) Pub trst E Disclosing an election result from an early voting site before election day 5
4644 168.731(4) Pub trst G Election law filing certain false statements 2
4745 168.734 Pub trst G Election law election board refusing to provide challenger conveniences 2
4846 168.756 Pub trst E Electors false statement concerning inability to mark ballot 5
4947 168.757 Pub trst E Election inspector unlawful conduct 5
5048 168.759(13) Pub trst E Forged signature on absentee ballot 5
5149 168.759b Pub trst E False statement in application for emergency absentee ballot 5
5250 168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5
5351 168.765a(9) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5
5452 168.769(4) Pub trst E Voting both in person and by absentee ballot 5
5553 168.808 Pub trst E Untrue statement by member of board of inspectors 4
5654 168.873 Pub trst E Misconduct of election employee in recount county and local 5
5755 168.887 Pub trst E Misconduct of election employee in recount 5
5856 168.932(a) Pub trst E Bribing or intimidating voters 5
5957 168.932(b) Pub trst E Ballot tampering 5
6058 168.932(c) Pub trst E Destroying or falsifying election return or records 5
6159 168.932(d) Pub trst E Disclosing votes or obstructing voter 5
6260 168.932(e) Pub trst E Absentee ballot tampering 5
6361 168.932(f) Pub trst E Election law possess absent voter ballot delivered to another person 5
6462 168.932(g) Pub trst E Suggesting how a disabled voter should vote 5
6563 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5
6664 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5
6765 168.932a Pub trst G Election offenses 4
6866 168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5
6967 168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5
7068 168.936 Pub trst E Election law perjury 5
7169 168.937 Pub trst E Election law forgery 5
7270 168.954(4) Pub trst E Signing a recall petition with multiple names 5
7371
7472 M.C.L.
7573
7674 Category
7775
7876 Class
7977
8078 Description
8179
8280 Stat Max
8381
8482 168.303(6)
8583
8684 Pub trst
8785
8886 E
8987
9088 Signing a nominating petition with multiple names
9189
9290 5
9391
9492 168.482e(3)
9593
9694 Pub trst
9795
9896 E
9997
10098 Signing a petition with multiple names
10199
102100 5
103101
104102 168.544c(10)
105103
106104 Pub trst
107105
108106 E
109107
110108 Signing a nominating petition with multiple names
111109
112110 5
113111
114112 168.590h(6)
115113
116114 Pub trst
117115
118116 E
119117
120118 Signing a qualifying petition with multiple names
121119
122120 5
123121
124122 168.685(11)
125123
126124 Pub trst
127125
128126 E
129127
130128 Signing a petition to form a new political party with multiple names
131129
132130 5
133131
134132 168.720j(14)
135133
136134 Pub trst
137135
138136 E
139137
140138 Disclosing an election result from an early voting site before election day
141139
142140 5
143141
144142 168.731(4)
145143
146144 Pub trst
147145
148146 G
149147
150148 Election law filing certain false statements
151149
152150 2
153151
154152 168.734
155153
156154 Pub trst
157155
158156 G
159157
160158 Election law election board refusing to provide challenger conveniences
161159
162160 2
163161
164162 168.756
165163
166164 Pub trst
167165
168166 E
169167
170168 Electors false statement concerning inability to mark ballot
171169
172170 5
173171
174172 168.757
175173
176174 Pub trst
177175
178176 E
179177
180178 Election inspector unlawful conduct
181179
182180 5
183181
184182 168.759(13)
185183
186184 Pub trst
187185
188186 E
189187
190188 Forged signature on absentee ballot
191189
192190 5
193191
194192 168.759b
195193
196194 Pub trst
197195
198196 E
199197
200198 False statement in application for emergency absentee ballot
201199
202200 5
203201
204202 168.761(5)
205203
206204 Pub trst
207205
208206 E
209207
210208 Assisting an absentee voter in making a false statement
211209
212210 5
213211
214212 168.765a(9)
215213
216214 Pub trst
217215
218216 E
219217
220218 Disclosing how ballot voted or election results early before polls are closed
221219
222220 5
223221
224222 168.769(4)
225223
226224 Pub trst
227225
228226 E
229227
230228 Voting both in person and by absentee ballot
231229
232230 5
233231
234232 168.808
235233
236234 Pub trst
237235
238236 E
239237
240238 Untrue statement by member of board of inspectors
241239
242240 4
243241
244242 168.873
245243
246244 Pub trst
247245
248246 E
249247
250248 Misconduct of election employee in recount county and local
251249
252250 5
253251
254252 168.887
255253
256254 Pub trst
257255
258256 E
259257
260258 Misconduct of election employee in recount
261259
262260 5
263261
264262 168.932(a)
265263
266264 Pub trst
267265
268266 E
269267
270268 Bribing or intimidating voters
271269
272270 5
273271
274272 168.932(b)
275273
276274 Pub trst
277275
278276 E
279277
280278 Ballot tampering
281279
282280 5
283281
284282 168.932(c)
285283
286284 Pub trst
287285
288286 E
289287
290288 Destroying or falsifying election return or records
291289
292290 5
293291
294292 168.932(d)
295293
296294 Pub trst
297295
298296 E
299297
300298 Disclosing votes or obstructing voter
301299
302300 5
303301
304302 168.932(e)
305303
306304 Pub trst
307305
308306 E
309307
310308 Absentee ballot tampering
311309
312310 5
313311
314312 168.932(f)
315313
316314 Pub trst
317315
318316 E
319317
320318 Election law possess absent voter ballot delivered to another person
321319
322320 5
323321
324322 168.932(g)
325323
326324 Pub trst
327325
328326 E
329327
330328 Suggesting how a disabled voter should vote
331329
332330 5
333331
334332 168.932(h)
335333
336334 Pub trst
337335
338336 E
339337
340338 Suggesting or influencing how an absentee voter should vote
341339
342340 5
343341
344342 168.932(i)
345343
346344 Pub trst
347345
348346 E
349347
350348 Organizing a meeting where absentee voter ballots are to be voted
351349
352350 5
353351
354352 168.932a
355353
356354 Pub trst
357355
358356 G
359357
360358 Election offenses
361359
362360 4
363361
364362 168.932c
365363
366364 Pub trst
367365
368366 E
369367
370368 Providing compensation to a person for registering individuals to vote
371369
372370 5
373371
374372 168.932e
375373
376374 Pub trst
377375
378376 E
379377
380378 Person intentionally misrepresenting that he or she is an election official in a polling place
381379
382380 5
383381
384382 168.936
385383
386384 Pub trst
387385
388386 E
389387
390388 Election law perjury
391389
392390 5
393391
394392 168.937
395393
396394 Pub trst
397395
398396 E
399397
400398 Election law forgery
401399
402400 5
403401
404402 168.954(4)
405403
406404 Pub trst
407405
408406 E
409407
410408 Signing a recall petition with multiple names
411409
412410 5
413411
414412
415413
416414 Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
417415
418416 (a) Senate Bill No. 367.
419417
420418 (b) Senate Bill No. 370.
421419
422420
423421
424422
425423
426424
427425
428426 Clerk of the House of Representatives
429427
430428
431429
432430
433431
434432 Secretary of the Senate
435433
436434 Approved___________________________________________
437435
438436 ____________________________________________________
439437
440438 Governor