Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0505 Compare Versions

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1-Act No. 252 Public Acts of 2023 Approved by the Governor November 30, 2023 Filed with the Secretary of State December 1, 2023 EFFECTIVE DATE: February 13, 2024 state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Polehanki, McCann, Geiss, Shink and Bayer ENROLLED SENATE BILL No. 505 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 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83. The People of the State of Michigan enact: CHAPTER XVII Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 168.303(6) Pub trst E Signing a nominating petition with multiple names 5 168.482e(3) Pub trst E Signing a petition with multiple names 5 168.544c(10) Pub trst E Signing a nominating petition with multiple names 5 168.590h(6) Pub trst E Signing a qualifying petition with multiple names 5 168.685(11) Pub trst E Signing a petition to form a new political party with multiple names 5 168.720j(14) Pub trst E Disclosing an election result from an early voting site before election day 5 168.731(4) Pub trst G Election law filing certain false statements 2 168.734 Pub trst G Election law election board refusing to provide challenger conveniences 2 168.756 Pub trst E Electors false statement concerning inability to mark ballot 5 168.757 Pub trst E Election inspector unlawful conduct 5 168.759(13) Pub trst E Forged signature on absentee ballot 5 168.759b Pub trst E False statement in application for emergency absentee ballot 5 168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5 168.765a(9) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5 168.769(4) Pub trst E Voting both in person and by absentee ballot 5 168.808 Pub trst E Untrue statement by member of board of inspectors 4 168.873 Pub trst E Misconduct of election employee in recount county and local 5 168.887 Pub trst E Misconduct of election employee in recount 5 168.931b Person E Intimidating an election official or preventing an election official from performing the election officials duties third or subsequent offense 5 168.932(a) Pub trst E Bribing or intimidating voters 5 168.932(b) Pub trst E Ballot tampering 5 168.932(c) Pub trst E Destroying or falsifying election return or records 5 168.932(d) Pub trst E Disclosing votes or obstructing voter 5 168.932(e) Pub trst E Absentee ballot tampering 5 168.932(f) Pub trst E Election law possess absent voter ballot delivered to another person 5 168.932(g) Pub trst E Suggesting how a disabled voter should vote 5 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5 168.932a Pub trst G Election offenses 4 168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5 168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5 168.936 Pub trst E Election law perjury 5 168.937 Pub trst E Election law forgery 5 168.954(4) Pub trst E Signing a recall petition with multiple names 5 Enacting section 1. This amendatory act does not take effect unless House Bill No. 4129 of the 102nd Legislature is enacted into law. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
1+state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Polehanki, McCann, Geiss, Shink and Bayer ENROLLED SENATE BILL No. 505 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 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83. The People of the State of Michigan enact: CHAPTER XVII Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 168.303(6) Pub trst E Signing a nominating petition with multiple names 5 168.482e(3) Pub trst E Signing a petition with multiple names 5 168.544c(10) Pub trst E Signing a nominating petition with multiple names 5 168.590h(6) Pub trst E Signing a qualifying petition with multiple names 5 168.685(11) Pub trst E Signing a petition to form a new political party with multiple names 5 168.720j(14) Pub trst E Disclosing an election result from an early voting site before election day 5 168.731(4) Pub trst G Election law filing certain false statements 2 168.734 Pub trst G Election law election board refusing to provide challenger conveniences 2 168.756 Pub trst E Electors false statement concerning inability to mark ballot 5 168.757 Pub trst E Election inspector unlawful conduct 5 168.759(13) Pub trst E Forged signature on absentee ballot 5 168.759b Pub trst E False statement in application for emergency absentee ballot 5 168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5 168.765a(9) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5 168.769(4) Pub trst E Voting both in person and by absentee ballot 5 168.808 Pub trst E Untrue statement by member of board of inspectors 4 168.873 Pub trst E Misconduct of election employee in recount county and local 5 168.887 Pub trst E Misconduct of election employee in recount 5 168.931b Person E Intimidating an election official or preventing an election official from performing the election officials duties third or subsequent offense 5 168.932(a) Pub trst E Bribing or intimidating voters 5 168.932(b) Pub trst E Ballot tampering 5 168.932(c) Pub trst E Destroying or falsifying election return or records 5 168.932(d) Pub trst E Disclosing votes or obstructing voter 5 168.932(e) Pub trst E Absentee ballot tampering 5 168.932(f) Pub trst E Election law possess absent voter ballot delivered to another person 5 168.932(g) Pub trst E Suggesting how a disabled voter should vote 5 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5 168.932a Pub trst G Election offenses 4 168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5 168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5 168.936 Pub trst E Election law perjury 5 168.937 Pub trst E Election law forgery 5 168.954(4) Pub trst E Signing a recall petition with multiple names 5 Enacting section 1. This amendatory act does not take effect unless House Bill No. 4129 of the 102nd Legislature is enacted into law. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
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3-Act No. 252
43
5-Public Acts of 2023
64
7-Approved by the Governor
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9-November 30, 2023
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11-Filed with the Secretary of State
127
13-December 1, 2023
148
15-EFFECTIVE DATE: February 13, 2024
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2525 state of michigan
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2727 102nd Legislature
2828
2929 Regular session of 2023
3030
3131 Introduced by Senators Polehanki, McCann, Geiss, Shink and Bayer
3232
3333 ENROLLED SENATE BILL No. 505
3434
3535 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 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83.
3636
3737 The People of the State of Michigan enact:
3838
3939 CHAPTER XVII
4040
4141
4242
4343 Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws:
4444
4545 M.C.L. Category Class Description Stat Max
4646 168.303(6) Pub trst E Signing a nominating petition with multiple names 5
4747 168.482e(3) Pub trst E Signing a petition with multiple names 5
4848 168.544c(10) Pub trst E Signing a nominating petition with multiple names 5
4949 168.590h(6) Pub trst E Signing a qualifying petition with multiple names 5
5050 168.685(11) Pub trst E Signing a petition to form a new political party with multiple names 5
5151 168.720j(14) Pub trst E Disclosing an election result from an early voting site before election day 5
5252 168.731(4) Pub trst G Election law filing certain false statements 2
5353 168.734 Pub trst G Election law election board refusing to provide challenger conveniences 2
5454 168.756 Pub trst E Electors false statement concerning inability to mark ballot 5
5555 168.757 Pub trst E Election inspector unlawful conduct 5
5656 168.759(13) Pub trst E Forged signature on absentee ballot 5
5757 168.759b Pub trst E False statement in application for emergency absentee ballot 5
5858 168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5
5959 168.765a(9) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5
6060 168.769(4) Pub trst E Voting both in person and by absentee ballot 5
6161 168.808 Pub trst E Untrue statement by member of board of inspectors 4
6262 168.873 Pub trst E Misconduct of election employee in recount county and local 5
6363 168.887 Pub trst E Misconduct of election employee in recount 5
6464 168.931b Person E Intimidating an election official or preventing an election official from performing the election officials duties third or subsequent offense 5
6565 168.932(a) Pub trst E Bribing or intimidating voters 5
6666 168.932(b) Pub trst E Ballot tampering 5
6767 168.932(c) Pub trst E Destroying or falsifying election return or records 5
6868 168.932(d) Pub trst E Disclosing votes or obstructing voter 5
6969 168.932(e) Pub trst E Absentee ballot tampering 5
7070 168.932(f) Pub trst E Election law possess absent voter ballot delivered to another person 5
7171 168.932(g) Pub trst E Suggesting how a disabled voter should vote 5
7272 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5
7373 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5
7474 168.932a Pub trst G Election offenses 4
7575 168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5
7676 168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5
7777 168.936 Pub trst E Election law perjury 5
7878 168.937 Pub trst E Election law forgery 5
7979 168.954(4) Pub trst E Signing a recall petition with multiple names 5
8080
8181 M.C.L.
8282
8383 Category
8484
8585 Class
8686
8787 Description
8888
8989 Stat Max
9090
9191 168.303(6)
9292
9393 Pub trst
9494
9595 E
9696
9797 Signing a nominating petition with multiple names
9898
9999 5
100100
101101 168.482e(3)
102102
103103 Pub trst
104104
105105 E
106106
107107 Signing a petition with multiple names
108108
109109 5
110110
111111 168.544c(10)
112112
113113 Pub trst
114114
115115 E
116116
117117 Signing a nominating petition with multiple names
118118
119119 5
120120
121121 168.590h(6)
122122
123123 Pub trst
124124
125125 E
126126
127127 Signing a qualifying petition with multiple names
128128
129129 5
130130
131131 168.685(11)
132132
133133 Pub trst
134134
135135 E
136136
137137 Signing a petition to form a new political party with multiple names
138138
139139 5
140140
141141 168.720j(14)
142142
143143 Pub trst
144144
145145 E
146146
147147 Disclosing an election result from an early voting site before election day
148148
149149 5
150150
151151 168.731(4)
152152
153153 Pub trst
154154
155155 G
156156
157157 Election law filing certain false statements
158158
159159 2
160160
161161 168.734
162162
163163 Pub trst
164164
165165 G
166166
167167 Election law election board refusing to provide challenger conveniences
168168
169169 2
170170
171171 168.756
172172
173173 Pub trst
174174
175175 E
176176
177177 Electors false statement concerning inability to mark ballot
178178
179179 5
180180
181181 168.757
182182
183183 Pub trst
184184
185185 E
186186
187187 Election inspector unlawful conduct
188188
189189 5
190190
191191 168.759(13)
192192
193193 Pub trst
194194
195195 E
196196
197197 Forged signature on absentee ballot
198198
199199 5
200200
201201 168.759b
202202
203203 Pub trst
204204
205205 E
206206
207207 False statement in application for emergency absentee ballot
208208
209209 5
210210
211211 168.761(5)
212212
213213 Pub trst
214214
215215 E
216216
217217 Assisting an absentee voter in making a false statement
218218
219219 5
220220
221221 168.765a(9)
222222
223223 Pub trst
224224
225225 E
226226
227227 Disclosing how ballot voted or election results early before polls are closed
228228
229229 5
230230
231231 168.769(4)
232232
233233 Pub trst
234234
235235 E
236236
237237 Voting both in person and by absentee ballot
238238
239239 5
240240
241241 168.808
242242
243243 Pub trst
244244
245245 E
246246
247247 Untrue statement by member of board of inspectors
248248
249249 4
250250
251251 168.873
252252
253253 Pub trst
254254
255255 E
256256
257257 Misconduct of election employee in recount county and local
258258
259259 5
260260
261261 168.887
262262
263263 Pub trst
264264
265265 E
266266
267267 Misconduct of election employee in recount
268268
269269 5
270270
271271 168.931b
272272
273273 Person
274274
275275 E
276276
277277 Intimidating an election official or preventing an election official from performing the election officials duties third or subsequent offense
278278
279279 5
280280
281281 168.932(a)
282282
283283 Pub trst
284284
285285 E
286286
287287 Bribing or intimidating voters
288288
289289 5
290290
291291 168.932(b)
292292
293293 Pub trst
294294
295295 E
296296
297297 Ballot tampering
298298
299299 5
300300
301301 168.932(c)
302302
303303 Pub trst
304304
305305 E
306306
307307 Destroying or falsifying election return or records
308308
309309 5
310310
311311 168.932(d)
312312
313313 Pub trst
314314
315315 E
316316
317317 Disclosing votes or obstructing voter
318318
319319 5
320320
321321 168.932(e)
322322
323323 Pub trst
324324
325325 E
326326
327327 Absentee ballot tampering
328328
329329 5
330330
331331 168.932(f)
332332
333333 Pub trst
334334
335335 E
336336
337337 Election law possess absent voter ballot delivered to another person
338338
339339 5
340340
341341 168.932(g)
342342
343343 Pub trst
344344
345345 E
346346
347347 Suggesting how a disabled voter should vote
348348
349349 5
350350
351351 168.932(h)
352352
353353 Pub trst
354354
355355 E
356356
357357 Suggesting or influencing how an absentee voter should vote
358358
359359 5
360360
361361 168.932(i)
362362
363363 Pub trst
364364
365365 E
366366
367367 Organizing a meeting where absentee voter ballots are to be voted
368368
369369 5
370370
371371 168.932a
372372
373373 Pub trst
374374
375375 G
376376
377377 Election offenses
378378
379379 4
380380
381381 168.932c
382382
383383 Pub trst
384384
385385 E
386386
387387 Providing compensation to a person for registering individuals to vote
388388
389389 5
390390
391391 168.932e
392392
393393 Pub trst
394394
395395 E
396396
397397 Person intentionally misrepresenting that he or she is an election official in a polling place
398398
399399 5
400400
401401 168.936
402402
403403 Pub trst
404404
405405 E
406406
407407 Election law perjury
408408
409409 5
410410
411411 168.937
412412
413413 Pub trst
414414
415415 E
416416
417417 Election law forgery
418418
419419 5
420420
421421 168.954(4)
422422
423423 Pub trst
424424
425425 E
426426
427427 Signing a recall petition with multiple names
428428
429429 5
430430
431431
432432
433433 Enacting section 1. This amendatory act does not take effect unless House Bill No. 4129 of the 102nd Legislature is enacted into law.
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435435
436436
437437
438438
439439
440440
441441 Secretary of the Senate
442442
443443
444444
445445
446446
447447 Clerk of the House of Representatives
448448
449449 Approved___________________________________________
450450
451451 ____________________________________________________
452452
453453 Governor