Michigan 2023-2024 Regular Session

Michigan House Bill HB5589 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Substitute For~~ HOUSE BILL NO. 5589 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 37 of chapter XVII (MCL 777.37), as amended by 2015 PA 137. the people of the state of michigan enact:
	1	+	HOUSE BILL NO. 5589 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 37 of chapter XVII (MCL 777.37), as amended by 2015 PA 137. the people of the state of michigan enact:
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7		-	Substitute For
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9	23		HOUSE BILL NO. 5589
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11	27		A bill to amend 1927 PA 175, entitled
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13	29		"The code of criminal procedure,"
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15	31		by amending section 37 of chapter XVII (MCL 777.37), as amended by 2015 PA 137.
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17	33		the people of the state of michigan enact:
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19		-	1 2 3 4 5 CHAPTER XVII Sec. 37. (1) Offense variable 7 is aggravated physical abuse. Score offense variable 7 by determining which of the following apply and by assigning the number of points attributable to the 1 that has the highest number of points: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (a) A victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.......................... 50 points (b) A companion animal was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a companion animal suffered during the offense...... 25 points (c) (b) No victim ~~or companion animal~~ was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense............... 0 points (2) Count Assign points for each person or companion animal who was placed in danger of injury or loss of life. as a victim. (3) As used in this section, "sadism" means conduct that subjects a victim ~~or companion animal~~ to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification. Enacting section 1. This amendatory act does not take effect ~~1 2 3 4~~ unless all of the following bills of the 102nd Legislature are enacted into law: (a) House Bill No. 5588. (b) House Bill No. 5592.
	35	+	1 2 3 4 5 CHAPTER XVII Sec. 37. (1) Offense variable 7 is aggravated physical abuse. Score offense variable 7 by determining which of the following apply and by assigning the number of points attributable to the 1 that has the highest number of points: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (a) A victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.......................... 50 points (b) A companion animal was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a companion animal suffered during the offense...... 25 points (c) (b) No victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense............... 0 points (2) Count Assign points for each person or companion animal who was placed in danger of injury or loss of life. as a victim. (3) As used in this section, "sadism" means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are 1 2 3 4 5 enacted into law: (a) Senate Bill No.____ or House Bill No. 5588 (request no. 04563'23). (b) Senate Bill No.____ or House Bill No. 5592 (request no. 04564'23).
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31	47		CHAPTER XVII
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33	49		Sec. 37. (1) Offense variable 7 is aggravated physical abuse. Score offense variable 7 by determining which of the following apply and by assigning the number of points attributable to the 1 that has the highest number of points:
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93	109		(a) A victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.......................... 50 points
94	110		(b) A companion animal was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a companion animal suffered during the offense...... 25 points
95		-	(c) (b) No victim ~~or companion animal~~ was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense............... 0 points
	111	+	(c) (b) No victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense............... 0 points
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97	113		(a) A victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense..........................
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99	115		50 points
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101	117		(b) A companion animal was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a companion animal suffered during the offense......
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105		-	(c) (b) No victim ~~or companion animal~~ was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense...............
	121	+	(c) (b) No victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense...............
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109	125		(2) Count Assign points for each person or companion animal who was placed in danger of injury or loss of life. as a victim.
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111		-	(3) As used in this section, "sadism" means conduct that subjects a victim ~~or companion animal~~ to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification.
	127	+	(3) As used in this section, "sadism" means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification.
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113		-	Enacting section 1. This amendatory act does not take effect
	129	+	Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are
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123		-	~~unless all of the following bills of the 102nd Legislature are enacted into law:~~
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125		-	~~(a) House Bill No. 5588.~~
	141	+	enacted into law:
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127		-	(b) House Bill No. 5592.
	143	+	(a) Senate Bill No.____ or House Bill No. 5588 (request no. 04563'23).
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	145	+	(b) Senate Bill No.____ or House Bill No. 5592 (request no. 04564'23).