Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0842 Compare Versions

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1-Act No. 80 Public Acts of 2024 Approved by the Governor July 8, 2024 Filed with the Secretary of State July 8, 2024 EFFECTIVE DATE: October 6, 2024 state of michigan 102nd Legislature Regular session of 2024 Introduced by Senators Klinefelt, Shink, Bayer, Wojno, Geiss, Polehanki and Chang ENROLLED SENATE BILL No. 842 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 16i of chapter XVII (MCL 777.16i), as amended by 2012 PA 169. The People of the State of Michigan enact: CHAPTER XVII Sec. 16i. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.158 Pub ord E Sodomy 15 750.159j Pub saf B Racketeering 20 750.160 Pub ord D Disinterring or mutilating dead human body 10 750.160a Pub ord H Photographing dead human body 2 750.160c Pub ord D Improper disposal of dead human body after more than 180 days 10 750.160d(1) Person G Sexual contact committed with a dead human body 2 750.160d(2) Person C Sexual penetration committed with a dead human body 15 750.161 Pub ord G Desertion, abandonment, or nonsupport 3 750.164 Pub ord F Desertion to escape prosecution 4 750.165 Pub ord F Failing to pay support 4 750.168(2)(a) Pub ord G Disorderly conduct at a funeral, memorial service, viewing, procession, or burial 2 750.168(2)(b) Pub ord F Disorderly conduct at a funeral, memorial service, viewing, procession, or burial subsequent offense 4 750.174(4) Property E Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to $1,000 from nonprofit corporation or charitable organization 5 750.174(5) Property D Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to $20,000 from nonprofit corporation or charitable organization 10 750.174(6) Property C Embezzlement by agent of $50,000 to $100,000 15 750.174(7) Property B Embezzlement by agent of $100,000 or more 20 750.174a(4) Property E Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions 5 750.174a(5) Property D Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions 10 750.174a(6) Property C Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions 15 750.174a(7) Property B Embezzlement from vulnerable adult of $100,000 or more or with prior convictions 20 750.175 Pub trst D Embezzlement by public officer of more than $50 10 750.176 Pub trst E Embezzlement by administrator, executor, or guardian 10 750.177(2) Property D Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions 10 750.177(3) Property E Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions 5 750.178(2) Property D Embezzling mortgaged or leased property of $20,000 or with prior convictions 10 750.178(3) Property E Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions 5 750.180 Property D Embezzlement by financial institution 20 750.181(4) Property E Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions 5 750.181(5) Property D Embezzling jointly held property with value of $20,000 or more or with prior convictions 10 750.182 Property G Embezzlement by warehouses 4 750.182a Pub trst H Falsifying school records 2 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. 841 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
1+state of michigan 102nd Legislature Regular session of 2024 Introduced by Senators Klinefelt, Shink, Bayer, Wojno, Geiss, Polehanki and Chang ENROLLED SENATE BILL No. 842 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 16i of chapter XVII (MCL 777.16i), as amended by 2012 PA 169. The People of the State of Michigan enact: CHAPTER XVII Sec. 16i. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.158 Pub ord E Sodomy 15 750.159j Pub saf B Racketeering 20 750.160 Pub ord D Disinterring or mutilating dead human body 10 750.160a Pub ord H Photographing dead human body 2 750.160c Pub ord D Improper disposal of dead human body after more than 180 days 10 750.160d(1) Person G Sexual contact committed with a dead human body 2 750.160d(2) Person C Sexual penetration committed with a dead human body 15 750.161 Pub ord G Desertion, abandonment, or nonsupport 3 750.164 Pub ord F Desertion to escape prosecution 4 750.165 Pub ord F Failing to pay support 4 750.168(2)(a) Pub ord G Disorderly conduct at a funeral, memorial service, viewing, procession, or burial 2 750.168(2)(b) Pub ord F Disorderly conduct at a funeral, memorial service, viewing, procession, or burial subsequent offense 4 750.174(4) Property E Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to $1,000 from nonprofit corporation or charitable organization 5 750.174(5) Property D Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to $20,000 from nonprofit corporation or charitable organization 10 750.174(6) Property C Embezzlement by agent of $50,000 to $100,000 15 750.174(7) Property B Embezzlement by agent of $100,000 or more 20 750.174a(4) Property E Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions 5 750.174a(5) Property D Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions 10 750.174a(6) Property C Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions 15 750.174a(7) Property B Embezzlement from vulnerable adult of $100,000 or more or with prior convictions 20 750.175 Pub trst D Embezzlement by public officer of more than $50 10 750.176 Pub trst E Embezzlement by administrator, executor, or guardian 10 750.177(2) Property D Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions 10 750.177(3) Property E Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions 5 750.178(2) Property D Embezzling mortgaged or leased property of $20,000 or with prior convictions 10 750.178(3) Property E Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions 5 750.180 Property D Embezzlement by financial institution 20 750.181(4) Property E Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions 5 750.181(5) Property D Embezzling jointly held property with value of $20,000 or more or with prior convictions 10 750.182 Property G Embezzlement by warehouses 4 750.182a Pub trst H Falsifying school records 2 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. 841 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
22
3-Act No. 80
43
5-Public Acts of 2024
64
7-Approved by the Governor
85
9-July 8, 2024
106
11-Filed with the Secretary of State
127
13-July 8, 2024
148
15-EFFECTIVE DATE: October 6, 2024
9+
10+
11+
12+
13+
1614
1715
1816
1917 state of michigan
2018
2119 102nd Legislature
2220
2321 Regular session of 2024
2422
2523 Introduced by Senators Klinefelt, Shink, Bayer, Wojno, Geiss, Polehanki and Chang
2624
2725 ENROLLED SENATE BILL No. 842
2826
2927 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 16i of chapter XVII (MCL 777.16i), as amended by 2012 PA 169.
3028
3129 The People of the State of Michigan enact:
3230
3331 CHAPTER XVII
3432
3533
3634
3735 Sec. 16i. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
3836
3937 M.C.L. Category Class Description Stat Max
4038 750.158 Pub ord E Sodomy 15
4139 750.159j Pub saf B Racketeering 20
4240 750.160 Pub ord D Disinterring or mutilating dead human body 10
4341 750.160a Pub ord H Photographing dead human body 2
4442 750.160c Pub ord D Improper disposal of dead human body after more than 180 days 10
4543 750.160d(1) Person G Sexual contact committed with a dead human body 2
4644 750.160d(2) Person C Sexual penetration committed with a dead human body 15
4745 750.161 Pub ord G Desertion, abandonment, or nonsupport 3
4846 750.164 Pub ord F Desertion to escape prosecution 4
4947 750.165 Pub ord F Failing to pay support 4
5048 750.168(2)(a) Pub ord G Disorderly conduct at a funeral, memorial service, viewing, procession, or burial 2
5149 750.168(2)(b) Pub ord F Disorderly conduct at a funeral, memorial service, viewing, procession, or burial subsequent offense 4
5250 750.174(4) Property E Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to $1,000 from nonprofit corporation or charitable organization 5
5351 750.174(5) Property D Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to $20,000 from nonprofit corporation or charitable organization 10
5452 750.174(6) Property C Embezzlement by agent of $50,000 to $100,000 15
5553 750.174(7) Property B Embezzlement by agent of $100,000 or more 20
5654 750.174a(4) Property E Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions 5
5755 750.174a(5) Property D Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions 10
5856 750.174a(6) Property C Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions 15
5957 750.174a(7) Property B Embezzlement from vulnerable adult of $100,000 or more or with prior convictions 20
6058 750.175 Pub trst D Embezzlement by public officer of more than $50 10
6159 750.176 Pub trst E Embezzlement by administrator, executor, or guardian 10
6260 750.177(2) Property D Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions 10
6361 750.177(3) Property E Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions 5
6462 750.178(2) Property D Embezzling mortgaged or leased property of $20,000 or with prior convictions 10
6563 750.178(3) Property E Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions 5
6664 750.180 Property D Embezzlement by financial institution 20
6765 750.181(4) Property E Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions 5
6866 750.181(5) Property D Embezzling jointly held property with value of $20,000 or more or with prior convictions 10
6967 750.182 Property G Embezzlement by warehouses 4
7068 750.182a Pub trst H Falsifying school records 2
7169
7270 M.C.L.
7371
7472 Category
7573
7674 Class
7775
7876 Description
7977
8078 Stat Max
8179
8280 750.158
8381
8482 Pub ord
8583
8684 E
8785
8886 Sodomy
8987
9088 15
9189
9290 750.159j
9391
9492 Pub saf
9593
9694 B
9795
9896 Racketeering
9997
10098 20
10199
102100 750.160
103101
104102 Pub ord
105103
106104 D
107105
108106 Disinterring or mutilating dead human body
109107
110108 10
111109
112110 750.160a
113111
114112 Pub ord
115113
116114 H
117115
118116 Photographing dead human body
119117
120118 2
121119
122120 750.160c
123121
124122 Pub ord
125123
126124 D
127125
128126 Improper disposal of dead human body after more than 180 days
129127
130128 10
131129
132130 750.160d(1)
133131
134132 Person
135133
136134 G
137135
138136 Sexual contact committed with a dead human body
139137
140138 2
141139
142140 750.160d(2)
143141
144142 Person
145143
146144 C
147145
148146 Sexual penetration committed with a dead human body
149147
150148 15
151149
152150 750.161
153151
154152 Pub ord
155153
156154 G
157155
158156 Desertion, abandonment, or nonsupport
159157
160158 3
161159
162160 750.164
163161
164162 Pub ord
165163
166164 F
167165
168166 Desertion to escape prosecution
169167
170168 4
171169
172170 750.165
173171
174172 Pub ord
175173
176174 F
177175
178176 Failing to pay support
179177
180178 4
181179
182180 750.168(2)(a)
183181
184182 Pub ord
185183
186184 G
187185
188186 Disorderly conduct at a funeral, memorial service, viewing, procession, or burial
189187
190188 2
191189
192190 750.168(2)(b)
193191
194192 Pub ord
195193
196194 F
197195
198196 Disorderly conduct at a funeral, memorial service, viewing, procession, or burial subsequent offense
199197
200198 4
201199
202200 750.174(4)
203201
204202 Property
205203
206204 E
207205
208206 Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to $1,000 from nonprofit corporation or charitable organization
209207
210208 5
211209
212210 750.174(5)
213211
214212 Property
215213
216214 D
217215
218216 Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to $20,000 from nonprofit corporation or charitable organization
219217
220218 10
221219
222220 750.174(6)
223221
224222 Property
225223
226224 C
227225
228226 Embezzlement by agent of $50,000 to $100,000
229227
230228 15
231229
232230 750.174(7)
233231
234232 Property
235233
236234 B
237235
238236 Embezzlement by agent of $100,000 or more
239237
240238 20
241239
242240 750.174a(4)
243241
244242 Property
245243
246244 E
247245
248246 Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions
249247
250248 5
251249
252250 750.174a(5)
253251
254252 Property
255253
256254 D
257255
258256 Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions
259257
260258 10
261259
262260 750.174a(6)
263261
264262 Property
265263
266264 C
267265
268266 Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions
269267
270268 15
271269
272270 750.174a(7)
273271
274272 Property
275273
276274 B
277275
278276 Embezzlement from vulnerable adult of $100,000 or more or with prior convictions
279277
280278 20
281279
282280 750.175
283281
284282 Pub trst
285283
286284 D
287285
288286 Embezzlement by public officer of more than $50
289287
290288 10
291289
292290 750.176
293291
294292 Pub trst
295293
296294 E
297295
298296 Embezzlement by administrator, executor, or guardian
299297
300298 10
301299
302300 750.177(2)
303301
304302 Property
305303
306304 D
307305
308306 Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions
309307
310308 10
311309
312310 750.177(3)
313311
314312 Property
315313
316314 E
317315
318316 Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions
319317
320318 5
321319
322320 750.178(2)
323321
324322 Property
325323
326324 D
327325
328326 Embezzling mortgaged or leased property of $20,000 or with prior convictions
329327
330328 10
331329
332330 750.178(3)
333331
334332 Property
335333
336334 E
337335
338336 Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions
339337
340338 5
341339
342340 750.180
343341
344342 Property
345343
346344 D
347345
348346 Embezzlement by financial institution
349347
350348 20
351349
352350 750.181(4)
353351
354352 Property
355353
356354 E
357355
358356 Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions
359357
360358 5
361359
362360 750.181(5)
363361
364362 Property
365363
366364 D
367365
368366 Embezzling jointly held property with value of $20,000 or more or with prior convictions
369367
370368 10
371369
372370 750.182
373371
374372 Property
375373
376374 G
377375
378376 Embezzlement by warehouses
379377
380378 4
381379
382380 750.182a
383381
384382 Pub trst
385383
386384 H
387385
388386 Falsifying school records
389387
390388 2
391389
392390
393391
394392 Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
395393
396394
397395
398396 Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 841 of the 102nd Legislature is enacted into law.
399397
400398 This act is ordered to take immediate effect.
401399
402400
403401
404402
405403
406404 Secretary of the Senate
407405
408406
409407
410408
411409
412410 Clerk of the House of Representatives
413411
414412 Approved___________________________________________
415413
416414 ____________________________________________________
417415
418416 Governor