SENATE BILL NO. 107 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16d and 16l of chapter XVII (MCL 777.16d and 777.16l), section 16d as amended by 2016 PA 88 and section 16l as amended by 2016 PA 150. the people of the state of michigan enact:
SENATE BILL NO. 107
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 16d and 16l of chapter XVII (MCL 777.16d and 777.16l), section 16d as amended by 2016 PA 88 and section 16l as amended by 2016 PA 150.
the people of the state of michigan enact:
1 2 3 CHAPTER XVII Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: 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 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 injury 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 750.82(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 Person D Sexual intercourse under pretext of medical treatment 10 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 29 750.90a 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 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 29 750.90d(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 GF Performing or assisting in performance of partial-birth abortion 24 750.91 Person A Attempted murder Life Sec. 16l. (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 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 27 750.213 Person B Threats to extort money 20 750.213a(3)(a) Person Variable Coercing female pregnant woman to have an abortion against her will by committing underlying offense against woman Variable 750.213a(3)(b) Person F Coercing pregnant woman to have an abortion against her will by specific actions 4 750.213a(3)(c) Person E Coercing pregnant woman to have an abortion against her will if coercion is undertaken by putative father who is more than 18 years of age and pregnant woman is less than 18 years of age 5 750.215(3) Pub saf F Impersonating peace officer 4 750.217b Pub saf G Impersonating public utility employee 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 750.217c(3) Pub ord H Impersonating public officer or employee subsequent conviction 2 750.217c(4) Pub ord G Impersonating public officer or employee third or subsequent conviction 4 750.217d Pub saf C False representation or practice as health professional 15 750.217e Pub ord G Impersonating a DHS DHHS employee 2 750.217f Pub saf G Impersonating a firefighter or emergency medical service personnel 2 750.218(4) Property E False pretenses involving $1,000 or more but less than $20,000 or $200 or more but less than $1,000 with prior convictions 5 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 27 750.218(5) Property C False pretenses involving $20,000 or more but less than $50,000 or $1,000 or more but less than $20,000 with prior convictions 15 750.218(6) Property C False pretenses involving a value of $50,000 or more but less than $100,000 or $20,000 or more but less than $50,000 with prior convictions 15 750.218(7) Property B False pretenses involving a value of $100,000 or more or $50,000 or more but less than $100,000 with prior convictions 20 750.219a(2)(c) Property E Telecommunications fraud with 1 or more prior convictions or involving a value of $1,000 to $20,000 5 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 29 750.219a(2)(d) Property D Telecommunications fraud with 2 or more prior convictions or involving a value of $20,000 or more 10 750.219d(4)(a) Pub ord C Residential mortgage fraud violation involving loan value of $100,000 or less 15 750.219d(4)(b) Pub ord B Residential mortgage fraud violation involving loan value of more than $100,000 20 750.219e Property F Receiving, possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds 4 750.219f Property F Receiving with intent to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds 4 1 2 3 4 5 6 7 8 9 (2) For a violation of section 213a(3)(a) of the Michigan penal code, 1931 PA 328, MCL 750.213a, determine the offense class, offense variable level, and prior record variable level based on the underlying offense. 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. 106 of the 102nd Legislature is enacted into law.
1
2
3
CHAPTER XVII
Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
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
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 injury 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
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 injury
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Person D Sexual intercourse under pretext of medical treatment 10
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
Person
D
Sexual intercourse under pretext of medical treatment
10
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
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
750.90a
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
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
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 GF Performing or assisting in performance of partial-birth abortion 24
750.91 Person A Attempted murder Life
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
GF
Performing or assisting in performance of partial-birth abortion
24
750.91
Person
A
Attempted murder
Life
Sec. 16l. (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
M.C.L.
Category
Class
Description
Stat Max
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
750.213 Person B Threats to extort money 20
750.213a(3)(a) Person Variable Coercing female pregnant woman to have an abortion against her will by committing underlying offense against woman Variable
750.213a(3)(b) Person F Coercing pregnant woman to have an abortion against her will by specific actions 4
750.213a(3)(c) Person E Coercing pregnant woman to have an abortion against her will if coercion is undertaken by putative father who is more than 18 years of age and pregnant woman is less than 18 years of age 5
750.215(3) Pub saf F Impersonating peace officer 4
750.217b Pub saf G Impersonating public utility employee 2
750.213
Person
B
Threats to extort money
20
750.213a(3)(a)
Person
Variable
Coercing female pregnant woman to have an abortion against her will by committing underlying offense against woman
Variable
750.213a(3)(b)
Person
F
Coercing pregnant woman to have an abortion against her will by specific actions
4
750.213a(3)(c)
Person
E
Coercing pregnant woman to have an abortion against her will if coercion is undertaken by putative father who is more than 18 years of age and pregnant woman is less than 18 years of age
5
750.215(3)
Pub saf
F
Impersonating peace officer
4
750.217b
Pub saf
G
Impersonating public utility employee
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
750.217c(3) Pub ord H Impersonating public officer or employee subsequent conviction 2
750.217c(4) Pub ord G Impersonating public officer or employee third or subsequent conviction 4
750.217d Pub saf C False representation or practice as health professional 15
750.217e Pub ord G Impersonating a DHS DHHS employee 2
750.217f Pub saf G Impersonating a firefighter or emergency medical service personnel 2
750.218(4) Property E False pretenses involving $1,000 or more but less than $20,000 or $200 or more but less than $1,000 with prior convictions 5
750.217c(3)
Pub ord
H
Impersonating public officer or employee subsequent conviction
2
750.217c(4)
Pub ord
G
Impersonating public officer or employee third or subsequent conviction
4
750.217d
Pub saf
C
False representation or practice as health professional
15
750.217e
Pub ord
G
Impersonating a DHS DHHS employee
2
750.217f
Pub saf
G
Impersonating a firefighter or emergency medical service personnel
2
750.218(4)
Property
E
False pretenses involving $1,000 or more but less than $20,000 or $200 or more but less than $1,000 with prior convictions
5
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
750.218(5) Property C False pretenses involving $20,000 or more but less than $50,000 or $1,000 or more but less than $20,000 with prior convictions 15
750.218(6) Property C False pretenses involving a value of $50,000 or more but less than $100,000 or $20,000 or more but less than $50,000 with prior convictions 15
750.218(7) Property B False pretenses involving a value of $100,000 or more or $50,000 or more but less than $100,000 with prior convictions 20
750.219a(2)(c) Property E Telecommunications fraud with 1 or more prior convictions or involving a value of $1,000 to $20,000 5
750.218(5)
Property
C
False pretenses involving $20,000 or more but less than $50,000 or $1,000 or more but less than $20,000 with prior convictions
15
750.218(6)
Property
C
False pretenses involving a value of $50,000 or more but less than $100,000 or $20,000 or more but less than $50,000 with prior convictions
15
750.218(7)
Property
B
False pretenses involving a value of $100,000 or more or $50,000 or more but less than $100,000 with prior convictions
20
750.219a(2)(c)
Property
E
Telecommunications fraud with 1 or more prior convictions or involving a value of $1,000 to $20,000
5
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
750.219a(2)(d) Property D Telecommunications fraud with 2 or more prior convictions or involving a value of $20,000 or more 10
750.219d(4)(a) Pub ord C Residential mortgage fraud violation involving loan value of $100,000 or less 15
750.219d(4)(b) Pub ord B Residential mortgage fraud violation involving loan value of more than $100,000 20
750.219e Property F Receiving, possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds 4
750.219f Property F Receiving with intent to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds 4
750.219a(2)(d)
Property
D
Telecommunications fraud with 2 or more prior convictions or involving a value of $20,000 or more
10
750.219d(4)(a)
Pub ord
C
Residential mortgage fraud violation involving loan value of $100,000 or less
15
750.219d(4)(b)
Pub ord
B
Residential mortgage fraud violation involving loan value of more than $100,000
20
750.219e
Property
F
Receiving, possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds
4
750.219f
Property
F
Receiving with intent to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds
4
1
2
3
4
5
6
7
8
9
(2) For a violation of section 213a(3)(a) of the Michigan penal code, 1931 PA 328, MCL 750.213a, determine the offense class, offense variable level, and prior record variable level based on the underlying offense.
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. 106 of the 102nd Legislature is enacted into law.