| 1 | | - | Act No. 260 Public Acts of 2024 Approved by the Governor January 22, 2025 Filed with the Secretary of State January 22, 2025 EFFECTIVE DATE: April 2, 2025 state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Grant and Arbit ENROLLED HOUSE BILL No. 5401 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 16g of chapter XVII (MCL 777.16g), as amended by 2023 PA 278. The People of the State of Michigan enact: 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 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 15 750.136 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 2 750.136b(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 10 750.145c(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 10 750.145d(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)(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 20 750.145h(3) Person G Causing vulnerable adult to provide sexually explicit visual material second or subsequent offense 2 750.145n(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 2 750.145p(5) Person E Caregiver or licensee violation against vulnerable adult second or subsequent offense 5 750.147b(3)(a) Person G Certain hate-crime-related violations 2 750.147b(3)(b) Person E Certain hate-crime-related violations second or subsequent offense or aggravating factors 5 750.147b(3)(c) Person D Certain hate-crime-related violations second or subsequent offense or aggravating factors 10 750.147c(2) Property D Institutional desecration involving $20,000 or more or with prior convictions 10 750.147c(3) Property E Institutional desecration involving $1,000 to $20,000 or with prior convictions 5 (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 House Bill No. 5400 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor |
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| 1 | + | state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Grant and Arbit ENROLLED HOUSE BILL No. 5401 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 16g of chapter XVII (MCL 777.16g), as amended by 2023 PA 278. The People of the State of Michigan enact: 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 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 15 750.136 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 2 750.136b(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 10 750.145c(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 10 750.145d(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)(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 20 750.145h(3) Person G Causing vulnerable adult to provide sexually explicit visual material ? second or subsequent offense 2 750.145n(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 2 750.145p(5) Person E Caregiver or licensee violation against vulnerable adult ? second or subsequent offense 5 750.147b(3)(a) Person G Certain hate-crime-related violations 2 750.147b(3)(b) Person E Certain hate-crime-related violations ? second or subsequent offense or aggravating factors 5 750.147b(3)(c) Person D Certain hate-crime-related violations ? second or subsequent offense or aggravating factors 10 750.147c(2) Property D Institutional desecration involving $20,000 or more or with prior convictions 10 750.147c(3) Property E Institutional desecration involving $1,000 to $20,000 or with prior convictions 5 (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 House Bill No. 5400 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor |
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