Michigan 2023-2024 Regular Session

Michigan House Bill HB5183 Latest Draft

Bill / Chaptered Version Filed 07/25/2024

                            Act No. 93 Public Acts of 2024 Approved by the Governor July 23, 2024 Filed with the Secretary of State July 23, 2024 EFFECTIVE DATE:  October 21, 2024       state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Farhat, Mentzer, Shannon, Aragona, Tyrone Carter, Haadsma, Wilson, Arbit, Snyder, Liberati, Breen, Hood, BeGole and Skaggs ENROLLED HOUSE BILL No. 5183 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 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 498. The People of the State of Michigan enact: CHAPTER XVII    Sec. 16f. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:    M.C.L.   Category   Class   Description   Stat Max     750.110   Property   D   Breaking and entering with intent to commit felony or larceny    10     750.110a(2)   Person   B   Home invasion first degree   20     750.110a(3)   Person   C   Home invasion second degree   15     750.110a(4)   Person   E   Home invasion third degree   5     750.111   Property   E   Entering without breaking with intent to commit felony or larceny    5     750.112   Person   A   Burglary with explosives   Life     750.116(1)   Property   E   Possession of burglars tools with intent to steal money or property from a structure or depository other than a motor vehicle   10     750.116(2)   Property   E   Possession of burglars tools with intent to steal a motor vehicle    5     750.116(3)   Property   E   Possession of burglars tools as part of a criminal organization and with intent to steal more than 1 motor vehicle   10     750.117   Pub trst   F   Bribing a public officer   4     750.118   Pub trst   D   Public officer accepting bribe   10     750.119(1)(a)   Pub trst   F   Bribing a juror or other person   4     750.119(1)(b)   Pub trst   D   Bribing a juror or other person in case punishable by more than 10 years   10     750.120   Pub trst   F   Juror or other person accepting a bribe   4     750.120a(2)(a)   Pub ord   F   Juror intimidation   4     750.120a(2)(b)   Pub ord   D   Juror intimidation in case punishable by more than 10 years   10     750.120a(2)(c)   Person   C   Juror intimidation by committing crime or threatening to kill or injure   15     750.120a(4)   Person   D   Retaliating against juror   10     750.121   Pub trst   F   Bribing a public officer to influence contract   4     750.122(7)(a)   Pub ord   F   Bribing or intimidating witness   4     750.122(7)(b)   Pub ord   D   Bribing or intimidating witness in case punishable by more than 10 years   10     750.122(7)(c)   Person   C   Intimidating witness by committing crime or threatening to kill or injure   15     750.122(8)   Person   D   Retaliating against witness   10     750.124   Pub trst   G   Bribing an athlete   4     750.128   Pub ord   H   Bucket shop violation   2     750.131(3)(b)(ii)   Property   G   NSF checks $100 to $500 third or subsequent offense   2     750.131(3)(c)   Property   G   NSF checks $500 or more   2     750.131a(1)   Property   H   No account checks   2     750.131a(2)   Property   H   NSF checks, 3 or more within 10 days    2      Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.   Enacting section 2. This amendatory act does not take effect unless House Bill No. 5182 of the 102nd Legislature is enacted into law.  This act is ordered to take immediate effect.     Clerk of the House of Representatives     Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor 

Act No. 93

Public Acts of 2024

Approved by the Governor

July 23, 2024

Filed with the Secretary of State

July 23, 2024

EFFECTIVE DATE:  October 21, 2024

 

 

 

state of michigan

102nd Legislature

Regular session of 2024

Introduced by Reps. Farhat, Mentzer, Shannon, Aragona, Tyrone Carter, Haadsma, Wilson, Arbit, Snyder, Liberati, Breen, Hood, BeGole and Skaggs

ENROLLED HOUSE BILL No. 5183

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 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 498.

The People of the State of Michigan enact:

CHAPTER XVII 

 

Sec. 16f. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max
750.110 Property D Breaking and entering with intent to commit felony or larceny 10
750.110a(2) Person B Home invasion first degree 20
750.110a(3) Person C Home invasion second degree 15
750.110a(4) Person E Home invasion third degree 5
750.111 Property E Entering without breaking with intent to commit felony or larceny 5
750.112 Person A Burglary with explosives Life
750.116(1) Property E Possession of burglars tools with intent to steal money or property from a structure or depository other than a motor vehicle 10
750.116(2) Property E Possession of burglars tools with intent to steal a motor vehicle 5
750.116(3) Property E Possession of burglars tools as part of a criminal organization and with intent to steal more than 1 motor vehicle 10
750.117 Pub trst F Bribing a public officer 4
750.118 Pub trst D Public officer accepting bribe 10
750.119(1)(a) Pub trst F Bribing a juror or other person 4
750.119(1)(b) Pub trst D Bribing a juror or other person in case punishable by more than 10 years 10
750.120 Pub trst F Juror or other person accepting a bribe 4
750.120a(2)(a) Pub ord F Juror intimidation 4
750.120a(2)(b) Pub ord D Juror intimidation in case punishable by more than 10 years 10
750.120a(2)(c) Person C Juror intimidation by committing crime or threatening to kill or injure 15
750.120a(4) Person D Retaliating against juror 10
750.121 Pub trst F Bribing a public officer to influence contract 4
750.122(7)(a) Pub ord F Bribing or intimidating witness 4
750.122(7)(b) Pub ord D Bribing or intimidating witness in case punishable by more than 10 years 10
750.122(7)(c) Person C Intimidating witness by committing crime or threatening to kill or injure 15
750.122(8) Person D Retaliating against witness 10
750.124 Pub trst G Bribing an athlete 4
750.128 Pub ord H Bucket shop violation 2
750.131(3)(b)(ii) Property G NSF checks $100 to $500 third or subsequent offense 2
750.131(3)(c) Property G NSF checks $500 or more 2
750.131a(1) Property H No account checks 2
750.131a(2) Property H NSF checks, 3 or more within 10 days 2

M.C.L.

Category

Class

Description

Stat Max

750.110

Property

D

Breaking and entering with intent to commit felony or larceny 

10

750.110a(2)

Person

B

Home invasion first degree

20

750.110a(3)

Person

C

Home invasion second degree

15

750.110a(4)

Person

E

Home invasion third degree

5

750.111

Property

E

Entering without breaking with intent to commit felony or larceny 

5

750.112

Person

A

Burglary with explosives

Life

750.116(1)

Property

E

Possession of burglars tools with intent to steal money or property from a structure or depository other than a motor vehicle

10

750.116(2)

Property

E

Possession of burglars tools with intent to steal a motor vehicle 

5

750.116(3)

Property

E

Possession of burglars tools as part of a criminal organization and with intent to steal more than 1 motor vehicle

10

750.117

Pub trst

F

Bribing a public officer

4

750.118

Pub trst

D

Public officer accepting bribe

10

750.119(1)(a)

Pub trst

F

Bribing a juror or other person

4

750.119(1)(b)

Pub trst

D

Bribing a juror or other person in case punishable by more than 10 years

10

750.120

Pub trst

F

Juror or other person accepting a bribe

4

750.120a(2)(a)

Pub ord

F

Juror intimidation

4

750.120a(2)(b)

Pub ord

D

Juror intimidation in case punishable by more than 10 years

10

750.120a(2)(c)

Person

C

Juror intimidation by committing crime or threatening to kill or injure

15

750.120a(4)

Person

D

Retaliating against juror

10

750.121

Pub trst

F

Bribing a public officer to influence contract

4

750.122(7)(a)

Pub ord

F

Bribing or intimidating witness

4

750.122(7)(b)

Pub ord

D

Bribing or intimidating witness in case punishable by more than 10 years

10

750.122(7)(c)

Person

C

Intimidating witness by committing crime or threatening to kill or injure

15

750.122(8)

Person

D

Retaliating against witness

10

750.124

Pub trst

G

Bribing an athlete

4

750.128

Pub ord

H

Bucket shop violation

2

750.131(3)(b)(ii)

Property

G

NSF checks $100 to $500 third or subsequent offense

2

750.131(3)(c)

Property

G

NSF checks $500 or more

2

750.131a(1)

Property

H

No account checks

2

750.131a(2)

Property

H

NSF checks, 3 or more within 10 days 

2

 

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

 

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5182 of the 102nd Legislature is enacted into law. 

This act is ordered to take immediate effect.

   

 

Clerk of the House of Representatives

   

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor