Act No. 200 Public Acts of 2023 Approved by the Governor November 20, 2023 Filed with the Secretary of State November 20, 2023 EFFECTIVE DATE: February 13, 2024 state of michigan 102nd Legislature Regular session of 2023 Introduced by Reps. ONeal, Brenda Carter, Dievendorf, Hope, Brixie, Byrnes, Scott, Neeley, Mentzer, Grant, Pohutsky, Rogers, Martus, Puri, Price, Morse, Farhat, Young, Rheingans, Breen, Hoskins, Edwards, Arbit, Tsernoglou and Aiyash ENROLLED HOUSE BILL No. 4945 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 16m of chapter XVII (MCL 777.16m), as amended by 2023 PA 22. The People of the State of Michigan enact: CHAPTER XVII Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.223(2) Pub saf F Sale of firearm to minor subsequent offense 4 750.223(3) Pub ord D Sale of firearm to person prohibited from possessing 10 750.224 Pub saf E Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc. 5 750.224a(4) Pub saf F Possession or sale of electrical current weapons 4 750.224a(6) Pub saf G Improper use of electro-muscular disruption device 2 750.224b Pub saf E Possession of short barreled shotgun or rifle 5 750.224c Pub saf F Armor piercing ammunition 4 750.224d(2) Person G Using self-defense spray device 2 750.224e Pub saf F Manufacture/sale/possession of devices to convert semiautomatic weapons 4 750.224f(6) Pub saf E Possession or sale of firearm by prohibited person 5 750.224f(7) Pub saf E Possession or sale of ammunition by prohibited person 5 750.226 Pub saf E Carrying firearm or dangerous weapon with unlawful intent 5 750.227 Pub saf E Carrying a concealed weapon 5 750.227a Pub saf F Unlawful possession of pistol 4 750.227c Pub saf G Possessing a loaded firearm in or upon a vehicle 2 750.227f Pub saf F Wearing body armor during commission of certain crimes 4 750.227g(1) Pub saf F Felon purchasing, owning, possessing, or using body armor 4 750.230 Pub saf G Altering ID mark on firearm 2 750.232a(3) Pub saf G False statement in a firearm application 4 750.234a(1)(a) Pub saf D Discharging firearm from vehicle 10 750.234a(1)(b) Person C Discharging firearm from vehicle causing physical injury 15 750.234a(1)(c) Person B Discharging firearm from vehicle causing serious impairment 20 750.234a(1)(d) Person A Discharging firearm from vehicle causing death Life 750.234b(1) Pub saf D Discharging firearm at a dwelling or potentially occupied structure 10 750.234b(2) Pub saf D Discharging firearm in a dwelling or potentially occupied structure 10 750.234b(3) Pub saf C Discharging firearm in or at a dwelling or potentially occupied structure causing physical injury 15 750.234b(4) Person B Discharging firearm in or at a dwelling or potentially occupied structure causing serious impairment 20 750.234b(5) Person A Discharging firearm in or at a dwelling or potentially occupied structure causing death Life 750.234c Pub saf F Discharging firearm at emergency/police vehicle 4 750.235b(2) Pub saf D Threatening to commit violent act against school students or employees on school property with an overt act toward completion or with specific intent 10 750.236 Person C Setting spring gun death resulting 15 750.237(3) Person E Using firearm while under the influence or impaired causing serious impairment 5 750.237(4) Person C Using firearm while under the influence or impaired causing death 15 Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 471 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
Act No. 200
Public Acts of 2023
Approved by the Governor
November 20, 2023
Filed with the Secretary of State
November 20, 2023
EFFECTIVE DATE: February 13, 2024
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Reps. ONeal, Brenda Carter, Dievendorf, Hope, Brixie, Byrnes, Scott, Neeley, Mentzer, Grant, Pohutsky, Rogers, Martus, Puri, Price, Morse, Farhat, Young, Rheingans, Breen, Hoskins, Edwards, Arbit, Tsernoglou and Aiyash
ENROLLED HOUSE BILL No. 4945
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 16m of chapter XVII (MCL 777.16m), as amended by 2023 PA 22.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.223(2) Pub saf F Sale of firearm to minor subsequent offense 4
750.223(3) Pub ord D Sale of firearm to person prohibited from possessing 10
750.224 Pub saf E Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc. 5
750.224a(4) Pub saf F Possession or sale of electrical current weapons 4
750.224a(6) Pub saf G Improper use of electro-muscular disruption device 2
750.224b Pub saf E Possession of short barreled shotgun or rifle 5
750.224c Pub saf F Armor piercing ammunition 4
750.224d(2) Person G Using self-defense spray device 2
750.224e Pub saf F Manufacture/sale/possession of devices to convert semiautomatic weapons 4
750.224f(6) Pub saf E Possession or sale of firearm by prohibited person 5
750.224f(7) Pub saf E Possession or sale of ammunition by prohibited person 5
750.226 Pub saf E Carrying firearm or dangerous weapon with unlawful intent 5
750.227 Pub saf E Carrying a concealed weapon 5
750.227a Pub saf F Unlawful possession of pistol 4
750.227c Pub saf G Possessing a loaded firearm in or upon a vehicle 2
750.227f Pub saf F Wearing body armor during commission of certain crimes 4
750.227g(1) Pub saf F Felon purchasing, owning, possessing, or using body armor 4
750.230 Pub saf G Altering ID mark on firearm 2
750.232a(3) Pub saf G False statement in a firearm application 4
750.234a(1)(a) Pub saf D Discharging firearm from vehicle 10
750.234a(1)(b) Person C Discharging firearm from vehicle causing physical injury 15
750.234a(1)(c) Person B Discharging firearm from vehicle causing serious impairment 20
750.234a(1)(d) Person A Discharging firearm from vehicle causing death Life
750.234b(1) Pub saf D Discharging firearm at a dwelling or potentially occupied structure 10
750.234b(2) Pub saf D Discharging firearm in a dwelling or potentially occupied structure 10
750.234b(3) Pub saf C Discharging firearm in or at a dwelling or potentially occupied structure causing physical injury 15
750.234b(4) Person B Discharging firearm in or at a dwelling or potentially occupied structure causing serious impairment 20
750.234b(5) Person A Discharging firearm in or at a dwelling or potentially occupied structure causing death Life
750.234c Pub saf F Discharging firearm at emergency/police vehicle 4
750.235b(2) Pub saf D Threatening to commit violent act against school students or employees on school property with an overt act toward completion or with specific intent 10
750.236 Person C Setting spring gun death resulting 15
750.237(3) Person E Using firearm while under the influence or impaired causing serious impairment 5
750.237(4) Person C Using firearm while under the influence or impaired causing death 15
M.C.L.
Category
Class
Description
Stat Max
750.223(2)
Pub saf
F
Sale of firearm to minor subsequent offense
4
750.223(3)
Pub ord
D
Sale of firearm to person prohibited from possessing
10
750.224
Pub saf
E
Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc.
5
750.224a(4)
Pub saf
F
Possession or sale of electrical current weapons
4
750.224a(6)
Pub saf
G
Improper use of electro-muscular disruption device
2
750.224b
Pub saf
E
Possession of short barreled shotgun or rifle
5
750.224c
Pub saf
F
Armor piercing ammunition
4
750.224d(2)
Person
G
Using self-defense spray device
2
750.224e
Pub saf
F
Manufacture/sale/possession of devices to convert semiautomatic weapons
4
750.224f(6)
Pub saf
E
Possession or sale of firearm by prohibited person
5
750.224f(7)
Pub saf
E
Possession or sale of ammunition by prohibited person
5
750.226
Pub saf
E
Carrying firearm or dangerous weapon with unlawful intent
5
750.227
Pub saf
E
Carrying a concealed weapon
5
750.227a
Pub saf
F
Unlawful possession of pistol
4
750.227c
Pub saf
G
Possessing a loaded firearm in or upon a vehicle
2
750.227f
Pub saf
F
Wearing body armor during commission of certain crimes
4
750.227g(1)
Pub saf
F
Felon purchasing, owning, possessing, or using body armor
4
750.230
Pub saf
G
Altering ID mark on firearm
2
750.232a(3)
Pub saf
G
False statement in a firearm application
4
750.234a(1)(a)
Pub saf
D
Discharging firearm from vehicle
10
750.234a(1)(b)
Person
C
Discharging firearm from vehicle causing physical injury
15
750.234a(1)(c)
Person
B
Discharging firearm from vehicle causing serious impairment
20
750.234a(1)(d)
Person
A
Discharging firearm from vehicle causing death
Life
750.234b(1)
Pub saf
D
Discharging firearm at a dwelling or potentially occupied structure
10
750.234b(2)
Pub saf
D
Discharging firearm in a dwelling or potentially occupied structure
10
750.234b(3)
Pub saf
C
Discharging firearm in or at a dwelling or potentially occupied structure causing physical injury
15
750.234b(4)
Person
B
Discharging firearm in or at a dwelling or potentially occupied structure causing serious impairment
20
750.234b(5)
Person
A
Discharging firearm in or at a dwelling or potentially occupied structure causing death
Life
750.234c
Pub saf
F
Discharging firearm at emergency/police vehicle
4
750.235b(2)
Pub saf
D
Threatening to commit violent act against school students or employees on school property with an overt act toward completion or with specific intent
10
750.236
Person
C
Setting spring gun death resulting
15
750.237(3)
Person
E
Using firearm while under the influence or impaired causing serious impairment
5
750.237(4)
Person
C
Using firearm while under the influence or impaired causing death
15
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 471 of the 102nd Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor