Michigan 2023-2024 Regular Session

Michigan House Bill HB4696 Latest Draft

Bill / Chaptered Version Filed 07/25/2023

                            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 

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

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