Act No. 59 Public Acts of 2023 Approved by the Governor July 11, 2023 Filed with the Secretary of State July 12, 2023 EFFECTIVE DATE: October 10, 2023 state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Geiss, Lauwers, Chang, Bellino, Bayer, Shink, Wojno, McCann, Cavanagh and Polehanki ENROLLED SENATE BILL No. 68 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 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88. The People of the State of Michigan enact: CHAPTER XVII Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.81(5) Person E Domestic assault or assault of a pregnant individual with prior convictions 5 750.81a(3) Person E Aggravated domestic assault with prior convictions 5 750.81d(1) Person G Assaulting, resisting, or obstructing certain persons 2 750.81d(2) Person F Assaulting, resisting, or obstructing certain persons causing bodily injury requiring medical attention 4 750.81d(3) Person C Assaulting, resisting, or obstructing certain persons causing serious impairment 15 750.81d(4) Person B Assaulting, resisting, or obstructing certain persons causing death 20 750.81e(2) Person G Assault on utility worker causing bodily injury requiring medical attention 2 750.81e(3) Person E Assault on utility worker causing serious impairment of a body function 5 750.82(1) Person F Felonious assault 4 750.82(2) Person F Felonious assault weapon-free school zone 4 750.83 Person A Assault with intent to murder Life 750.84(1)(a) Person D Assault with intent to do great bodily harm less than murder 10 750.84(1)(b) Person D Assault by strangulation or suffocation 10 750.85 Person A Torture Life 750.86 Person D Assault with intent to maim 10 750.87 Person D Assault with intent to commit a felony 10 750.88 Person C Assault with intent to commit unarmed robbery 15 750.89 Person A Assault with intent to commit armed robbery Life 750.90(1) Person C Sexual contact under pretext of medical treatment 20 750.90(2) Person B Sexual penetration under pretext of medical treatment 25 750.90a Person A Assault against a pregnant individual causing miscarriage, stillbirth, or death to embryo or fetus with intent or recklessness Life 750.90b(a) Person C Assault against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus 15 750.90b(b) Person D Assault against a pregnant individual resulting in great bodily harm to embryo or fetus 10 750.90c(a) Person C Gross negligence against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus 15 750.90c(b) Person E Gross negligence against a pregnant individual resulting in great bodily harm to embryo or fetus 5 750.90d(a) Person C Operating a vehicle under the influence or while impaired causing miscarriage, stillbirth, or death to embryo or fetus 15 750.90d(b) Person E Operating a vehicle under the influence or while impaired causing serious or aggravated injury to embryo or fetus 5 750.90e Person G Careless or reckless driving causing miscarriage, stillbirth, or death to embryo or fetus 2 750.90g(3) Person A Performance of procedure on live infant with intent to cause death Life 750.90h Person G Performing or assisting in performance of partial-birth abortion 2 750.91 Person A Attempted murder Life 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 Senate Bill No. 67 of the 102nd Legislature is enacted into law. This act is ordered to take immediate effect. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
Act No. 59
Public Acts of 2023
Approved by the Governor
July 11, 2023
Filed with the Secretary of State
July 12, 2023
EFFECTIVE DATE: October 10, 2023
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Senators Geiss, Lauwers, Chang, Bellino, Bayer, Shink, Wojno, McCann, Cavanagh and Polehanki
ENROLLED SENATE BILL No. 68
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 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.81(5) Person E Domestic assault or assault of a pregnant individual with prior convictions 5
750.81a(3) Person E Aggravated domestic assault with prior convictions 5
750.81d(1) Person G Assaulting, resisting, or obstructing certain persons 2
750.81d(2) Person F Assaulting, resisting, or obstructing certain persons causing bodily injury requiring medical attention 4
750.81d(3) Person C Assaulting, resisting, or obstructing certain persons causing serious impairment 15
750.81d(4) Person B Assaulting, resisting, or obstructing certain persons causing death 20
750.81e(2) Person G Assault on utility worker causing bodily injury requiring medical attention 2
750.81e(3) Person E Assault on utility worker causing serious impairment of a body function 5
750.82(1) Person F Felonious assault 4
750.82(2) Person F Felonious assault weapon-free school zone 4
750.83 Person A Assault with intent to murder Life
750.84(1)(a) Person D Assault with intent to do great bodily harm less than murder 10
750.84(1)(b) Person D Assault by strangulation or suffocation 10
750.85 Person A Torture Life
750.86 Person D Assault with intent to maim 10
750.87 Person D Assault with intent to commit a felony 10
750.88 Person C Assault with intent to commit unarmed robbery 15
750.89 Person A Assault with intent to commit armed robbery Life
750.90(1) Person C Sexual contact under pretext of medical treatment 20
750.90(2) Person B Sexual penetration under pretext of medical treatment 25
750.90a Person A Assault against a pregnant individual causing miscarriage, stillbirth, or death to embryo or fetus with intent or recklessness Life
750.90b(a) Person C Assault against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus 15
750.90b(b) Person D Assault against a pregnant individual resulting in great bodily harm to embryo or fetus 10
750.90c(a) Person C Gross negligence against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus 15
750.90c(b) Person E Gross negligence against a pregnant individual resulting in great bodily harm to embryo or fetus 5
750.90d(a) Person C Operating a vehicle under the influence or while impaired causing miscarriage, stillbirth, or death to embryo or fetus 15
750.90d(b) Person E Operating a vehicle under the influence or while impaired causing serious or aggravated injury to embryo or fetus 5
750.90e Person G Careless or reckless driving causing miscarriage, stillbirth, or death to embryo or fetus 2
750.90g(3) Person A Performance of procedure on live infant with intent to cause death Life
750.90h Person G Performing or assisting in performance of partial-birth abortion 2
750.91 Person A Attempted murder Life
M.C.L.
Category
Class
Description
Stat Max
750.81(5)
Person
E
Domestic assault or assault of a pregnant individual with prior convictions
5
750.81a(3)
Person
E
Aggravated domestic assault with prior convictions
5
750.81d(1)
Person
G
Assaulting, resisting, or obstructing certain persons
2
750.81d(2)
Person
F
Assaulting, resisting, or obstructing certain persons causing bodily injury requiring medical attention
4
750.81d(3)
Person
C
Assaulting, resisting, or obstructing certain persons causing serious impairment
15
750.81d(4)
Person
B
Assaulting, resisting, or obstructing certain persons causing death
20
750.81e(2)
Person
G
Assault on utility worker causing bodily injury requiring medical attention
2
750.81e(3)
Person
E
Assault on utility worker causing serious impairment of a body function
5
750.82(1)
Person
F
Felonious assault
4
750.82(2)
Person
F
Felonious assault weapon-free school zone
4
750.83
Person
A
Assault with intent to murder
Life
750.84(1)(a)
Person
D
Assault with intent to do great bodily harm less than murder
10
750.84(1)(b)
Person
D
Assault by strangulation or suffocation
10
750.85
Person
A
Torture
Life
750.86
Person
D
Assault with intent to maim
10
750.87
Person
D
Assault with intent to commit a felony
10
750.88
Person
C
Assault with intent to commit unarmed robbery
15
750.89
Person
A
Assault with intent to commit armed robbery
Life
750.90(1)
Person
C
Sexual contact under pretext of medical treatment
20
750.90(2)
Person
B
Sexual penetration under pretext of medical treatment
25
750.90a
Person
A
Assault against a pregnant individual causing miscarriage, stillbirth, or death to embryo or fetus with intent or recklessness
Life
750.90b(a)
Person
C
Assault against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus
15
750.90b(b)
Person
D
Assault against a pregnant individual resulting in great bodily harm to embryo or fetus
10
750.90c(a)
Person
C
Gross negligence against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus
15
750.90c(b)
Person
E
Gross negligence against a pregnant individual resulting in great bodily harm to embryo or fetus
5
750.90d(a)
Person
C
Operating a vehicle under the influence or while impaired causing miscarriage, stillbirth, or death to embryo or fetus
15
750.90d(b)
Person
E
Operating a vehicle under the influence or while impaired causing serious or aggravated injury to embryo or fetus
5
750.90e
Person
G
Careless or reckless driving causing miscarriage, stillbirth, or death to embryo or fetus
2
750.90g(3)
Person
A
Performance of procedure on live infant with intent to cause death
Life
750.90h
Person
G
Performing or assisting in performance of partial-birth abortion
2
750.91
Person
A
Attempted murder
Life
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 Senate Bill No. 67 of the 102nd Legislature is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor