SENATE BILL NO. 825
December 2, 1997, Introduced by Senators VAN REGENMORTER,
DINGELL, GEAKE and PETERS and referred to the Committee
on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 8, 31, 33, and 34 of chapter IX and section
14 of chapter XI (MCL 769.8, 769.31, 769.33, 769.34, and 771.14),
section 8 of chapter IX as amended by 1994 PA 322, sections 31,
33, and 34 of chapter IX as added and section 14 of chapter XI as
amended by 1994 PA 445, and by adding chapter IXA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER IX
2 Sec. 8. (1) When a person is convicted for the first time
3 for committing a felony and the punishment prescribed by law for
4 that offense may be imprisonment in a state prison, the court
5 imposing sentence shall not fix a definite term of imprisonment,
6 but shall fix a minimum term, except as otherwise provided in
7 this chapter. The maximum penalty provided by law shall be the
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1 maximum sentence in all cases except as provided in this chapter
2 and shall be stated by the judge in imposing the sentence.
3 (2) If the defendant sentenced to an indeterminate term is a
4 person who will be a prisoner subject to disciplinary time under
5 section 34 of Act No. 118 of the Public Acts of 1893, being
6 section 800.34 of the Michigan Compiled Laws 1893
PA 118, MCL
7 800.34, the court shall advise the defendant that his or her min-
8 imum term may be extended by the addition of disciplinary time
9 pursuant to section 34 of Act No. 118 of the Public Acts of
10 1893 for misconduct while a prisoner.
11 (3) Before or at the time of imposing the
sentence, the
12 judge shall ascertain by examining the convict
DEFENDANT under
13 oath, or otherwise, and by other evidence as can be obtained
14 tending to indicate briefly the causes of the DEFENDANT'S crimi-
15 nal character or conduct, of the convict, which
facts and other
16 facts that appear to be pertinent in the case ,
the judge shall
17 cause to be entered upon the minutes of the court.
18 Sec. 31. As used in this section and sections 32 to 34 of
19 this chapter:
20 (a) "Commission" means the sentencing commission created in
21 section 32 of this chapter.
22 (b) "Departure" means a sentence imposed that is not within
23 the appropriate minimum sentence range established under the sen-
24 tencing guidelines developed pursuant to section 33 of this
SET
25 FORTH IN chapter IXA.
26 (c) "Intermediate sanction" means probation or any sanction,
27 other than imprisonment in a state prison or state reformatory,
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1 that may lawfully be imposed. Intermediate sanction includes,
2 but is not limited to, 1 or more of the following:
3 (i) Inpatient or outpatient drug treatment.
4 (ii) Probation with any probation conditions required
or
5 authorized by law.
6 (iii) Residential probation.
7 (iv) Probation with jail.
8 (v) Probation with special alternative incarceration.
9 (vi) Mental health treatment.
10 (vii) Mental health or substance abuse counseling.
11 (viii) Jail.
12 (ix) Jail with work or school release.
13 (x) Jail, with or without authorization for day parole
under
14 Act No. 60 of the Public Acts of 1962, being sections
801.251 to
15 801.258 of the Michigan Compiled Laws 1962 PA 60,
MCL 801.251 TO
16 801.258.
17 (xi) Participation in a community corrections program.
18 (xii) Community service.
19 (xiii) Payment of a fine.
20 (xiv) House arrest.
21 (xv) Electronic monitoring.
22 (d) "Offender characteristics" means only the prior criminal
23 record of an offender.
24 (e) "Offense characteristics" means the elements of the
25 crime and the aggravating and mitigating factors relating to the
26 offense that the commission determines are appropriate and
27 consistent with the criteria described in section 33(1)(e) of
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1 this chapter. For purposes of this subdivision, an offense
2 described in section 33b of Act No. 232 of the Public Acts
of
3 1953, being section 791.233b of the Michigan Compiled Laws
1953
4 PA 232, MCL 791.233B, that resulted in a conviction and that
5 arose out of the same transaction as the offense for which the
6 sentencing guidelines are being scored shall be considered as an
7 aggravating factor.
8 (f) "Prior criminal record" means all of the following:
9 (i) Misdemeanor and felony convictions.
10 (ii) Probation and parole violations involving criminal
11 activity.
12 (iii) Dispositions entered pursuant to
UNDER section 18 of
13 chapter XIIA of Act No. 288 of the Public Acts of 1939,
being
14 section 712A.18 of the Michigan Compiled Laws 1939
PA 288, MCL
15 712A.18, for acts that would have been crimes if committed by an
16 adult.
17 (iv) Assignment to youthful trainee status
pursuant to
18 UNDER sections 11 to 15 of chapter II.
19 (v) A conviction set aside pursuant to Act No.
213 of the
20 Public Acts of 1965, being sections 780.621 to 780.624 of
the
21 Michigan Compiled Laws UNDER 1965 PA 213, MCL
780.621 TO
22 780.624.
23 (vi) Dispositions described in subparagraph
(iii) that have
24 been set aside under section 18e of chapter XIIA of Act No.
288
25 of the Public Acts of 1939, being section 712A.18e of the
26 Michigan Compiled Laws 1939 PA 288, MCL 712A.18E,
or expunged.
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1 (g) "Total capacity of state correctional facilities" means,
2 at any given time, the capacities of all permanent and temporary
3 state correctional facilities in use and all state correctional
4 facilities approved for construction pursuant to
UNDER the
5 joint capital outlay process as of the preceding June 1.
6 Sec. 33. (1) The commission shall do all of the following:
7 (a) Collect, prepare, analyze, and disseminate information
8 regarding state and local sentencing practices for felonies and
9 the use of prisons and jails. The state court administrator
10 shall continue to collect data regarding sentencing practices and
11 shall provide the data necessary to the commission.
12 (b) Conduct on-going research regarding the impact of the
13 sentencing guidelines developed pursuant to this section
SET
14 FORTH IN CHAPTER IXA.
15 (c) Collect, analyze, and compile data and make projections
16 regarding the populations and capacities of state and local cor-
17 rectional facilities and the impact of the sentencing guidelines
18 on those populations and capacities.
19 (d) In cooperation with the state court administrator, col-
20 lect, analyze, and compile data regarding the effect of sentenc-
21 ing guidelines on the case load, docket flow, and case backlog of
22 the trial and appellate courts of this state.
23 (e) Develop sentencing guidelines, including sentence
24 ranges for the minimum sentence for each offense and
intermediate
25 sanctions as provided in subsection (3), and
modifications to
26 the SENTENCING guidelines as provided in subsection (5)
(4).
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1 The sentencing guidelines and any ANY
modifications to the
2 SENTENCING guidelines shall accomplish all of the following:
3 (i) Provide for protection of the public.
4 (ii) An CONSIDER AN offense
involving violence against a
5 person shall be considered AS more severe than
other offenses.
6 (iii) Be proportionate to the seriousness of the
offense and
7 the offender's prior criminal record.
8 (iv) Reduce sentencing disparities based on factors
other
9 than offense characteristics and offender characteristics and
10 ensure that offenders with similar offense and offender charac-
11 teristics receive substantially similar sentences.
12 (v) Specify the circumstances under which a term of
impris-
13 onment is proper and the circumstances under which intermediate
14 sanctions are proper.
15 (vi) Establish sentence ranges for imprisonment that
are
16 within the minimum and maximum sentences allowed by law for the
17 offenses to which the ranges apply.
18 (vii) Establish MAINTAIN separate
sentence ranges for con-
19 victions under the habitual offender provisions in sections 10,
20 11, 12, and 13 of this chapter, which may include as an aggravat-
21 ing factor, among other relevant considerations, that the accused
22 has engaged in a pattern of proven or admitted criminal
23 behavior.
24 (viii) Establish sentence ranges the commission
considers
25 appropriate.
26 (2) In developing recommended MODIFICATIONS
TO THE
27 sentencing guidelines, the commission shall consider the
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1 likelihood that the capacity of state and local correctional
2 facilities will be exceeded. The commission shall submit to the
3 legislature a prison impact report relating to any MODIFICATIONS
4 TO sentencing guidelines. submitted under this section.
The
5 report shall include the projected impact on total capacity of
6 state correctional facilities.
7 (3) The MODIFICATIONS TO sentencing
guidelines shall
8 include recommended intermediate sanctions for each case in which
9 the upper limit of the recommended minimum sentence range is
10 18 months or less.
11 (4) The commission shall submit the recommended
sentencing
12 guidelines developed pursuant to this section to the
secretary of
13 the senate and the clerk of the house of representatives on
or
14 before July 15, 1996. If a proper request is submitted by a
15 serving member of the legislature, the legislative service
bureau
16 shall prepare by September 15, 1996 a bill embodying the
17 commission's recommended sentencing guidelines for
introduction.
18 If sentencing guidelines are not enacted into law by the
legisla-
19 ture by December 31, 1996, the commission shall revise the
guide-
20 lines and submit the revised sentencing guidelines to the
secre-
21 tary of the senate and the clerk of the house of
representatives
22 by March 31, 1997. If sentencing guidelines are not enacted
into
23 law by the legislature within 60 days after the commission
sub-
24 mits the revised sentencing guidelines to the secretary of
the
25 senate and the clerk of the house of representatives, the
commis-
26 sion shall revise the sentencing guidelines and submit the
27 revised guidelines to the secretary of the senate and the
clerk
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1 of the house of representatives within 90 days. The revised
2 sentencing guidelines are subject to the requirements of
3 subsections (1), (2), and (3) and to the same enactment
process
4 as the sentencing guidelines originally submitted pursuant
to
5 this subsection. Until the legislature enacts sentencing
guide-
6 lines into law, the commission shall continue to revise and
7 resubmit the sentencing guidelines to the legislature as
provided
8 in this subsection.
9 (4) (5) The commission may recommend
modifications to the
10 sentencing guidelines enacted into law under subsection (4)
SET
11 FORTH IN CHAPTER IXA. Modifications of those sentencing guide-
12 lines shall not be recommended sooner than 2 years after the
13 effective date of those THE sentencing guidelines
, SET FORTH
14 IN CHAPTER IXA unless the modifications are based upon omissions,
15 technical errors, changes in the law, or court decisions.
16 Subsequent modifications shall not be recommended sooner than 2
17 years after previous modifications other than modifications based
18 upon omissions, technical errors, changes in the law, or court
19 decisions. Any modification proposed by the commission as
per-
20 mitted under this subsection is subject to the same
enactment
21 process as set forth in subsection (4).
22 (5) THE COMMISSION SHALL SUBMIT ANY RECOMMENDED MODIFICA-
23 TIONS TO THE SENTENCING GUIDELINES TO THE SECRETARY OF THE SENATE
24 AND THE CLERK OF THE HOUSE OF REPRESENTATIVES. IF THE LEGISLA-
25 TURE DOES NOT ENACT MODIFICATIONS TO THE SENTENCING GUIDELINES
26 WITHIN 60 DAYS AFTER INTRODUCTION OF A BILL TO ENACT SENTENCING
27 GUIDELINES MODIFICATIONS BASED ON THE RECOMMENDATIONS, THE
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1 COMMISSION SHALL REVISE THE RECOMMENDED MODIFICATIONS AND SUBMIT
2 THEM TO THE SECRETARY OF THE SENATE AND THE CLERK OF THE HOUSE OF
3 REPRESENTATIVES WITHIN 90 DAYS. THE REVISED MODIFICATIONS ARE
4 SUBJECT TO THE REQUIREMENTS OF SUBSECTIONS (1), (2), AND (3).
5 UNTIL THE LEGISLATURE ENACTS MODIFICATIONS TO THE SENTENCING
6 GUIDELINES INTO LAW, THE COMMISSION SHALL CONTINUE TO REVISE AND
7 RESUBMIT THE MODIFICATIONS TO THE LEGISLATURE UNDER THE SCHEDULE
8 PROVIDED IN THIS SUBSECTION.
9 Sec. 34. (1) The sentencing guidelines promulgated by order
10 of the Michigan supreme court shall not apply to felonies
11 ENUMERATED IN PART 2 OF CHAPTER IXA committed on or after the
12 effective date of the act by which the legislature enacts
sen-
13 tencing guidelines into law SET FORTH IN CHAPTER
IXA.
14 (2) Except AS OTHERWISE PROVIDED IN THIS SUBSECTION OR for a
15 departure from the appropriate minimum sentence range provided
16 for under subsection (3), the minimum sentence imposed by a court
17 of this state for a felony ENUMERATED IN PART 2 OF CHAPTER IXA
18 committed on or after the effective date of the act first
enact-
19 ing into law the sentencing guidelines
developed pursuant to
20 section 33 of this SET FORTH IN chapter IXA shall
be within the
21 appropriate sentence range under the VERSION OF THOSE sentencing
22 guidelines in effect on the date the crime was committed. BOTH
23 OF THE FOLLOWING APPLY TO MINIMUM SENTENCES UNDER THIS
24 SUBSECTION:
25 (A) IF A STATUTE MANDATES A MINIMUM SENTENCE, THE COURT
26 SHALL IMPOSE SENTENCE IN ACCORDANCE WITH THAT STATUTE. IMPOSING
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1 A MANDATORY MINIMUM SENTENCE IS NOT A DEPARTURE UNDER THIS
2 SECTION.
3 (B) THE COURT SHALL NOT IMPOSE A MINIMUM SENTENCE, INCLUDING
4 A DEPARTURE, THAT EXCEEDS 2/3 OF THE STATUTORY MAXIMUM SENTENCE.
5 (3) Subject to the following limitations, a
A court may
6 depart from the appropriate sentence range established under the
7 sentencing guidelines enacted into law pursuant to section
33 of
8 this SET FORTH IN chapter IXA if the court has a
substantial and
9 compelling reason for that departure and states on the record the
10 reasons for departure. ALL OF THE FOLLOWING APPLY TO A
11 DEPARTURE:
12 (a) The court shall not use an individual's gender, race,
13 ethnicity, alienage, national origin, legal occupation, lack of
14 employment, representation by appointed legal counsel, represen-
15 tation by retained legal counsel, appearance in propria persona,
16 or religion to depart from the appropriate sentence range.
17 (b) The court shall not base a departure on an offense char-
18 acteristic or offender characteristic already taken into account
19 in determining the appropriate sentence range unless the court
20 finds from the facts contained in the court record, including the
21 presentence investigation report, that the characteristic has
22 been given inadequate or disproportionate weight.
23 (4) Beginning on the effective date of the act first
enact-
24 ing into law the sentencing guidelines developed pursuant to
sec-
25 tion 33 of this chapter, if INTERMEDIATE SANCTIONS
SHALL BE
26 IMPOSED UNDER THIS CHAPTER AS FOLLOWS:
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1 (A) IF the upper limit of the appropriate
RECOMMENDED
2 minimum sentence RANGE for a defendant convicted for a
felony
3 committed on or after that date is 18 months or less
DETERMINED
4 under the sentencing guidelines SET FORTH IN CHAPTER IXA IS 18
5 MONTHS OR LESS, the court shall impose an intermediate sanction
6 unless the court states on the record a substantial and compel-
7 ling reason to sentence the individual to the jurisdiction of the
8 department of corrections. AN INTERMEDIATE SANCTION MAY INCLUDE
9 A JAIL TERM THAT DOES NOT EXCEED THE UPPER LIMIT OF THE RECOM-
10 MENDED MINIMUM SENTENCE RANGE OR 12 MONTHS, WHICHEVER IS LESS.
11 (B) IF THE OFFENSE IS A VIOLATION OF SECTION
7401(2)(A)(iv)
12 OR 7403(2)(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368,
MCL
13 333.7401 AND 333.7403, AND THE UPPER LIMIT OF THE RECOMMENDED
14 MINIMUM SENTENCE RANGE IS 18 MONTHS OR LESS, THE COURT SHALL
15 IMPOSE A SENTENCE OF LIFE PROBATION ABSENT A DEPARTURE.
16 (C) IF AN ATTEMPT TO COMMIT A FELONY DESIGNATED IN OFFENSE
17 CLASS H IN PART 2 OF THIS CHAPTER IS PUNISHABLE BY IMPRISONMENT
18 FOR MORE THAN 1 YEAR, THE COURT SHALL IMPOSE AN INTERMEDIATE
19 SANCTION UPON CONVICTION OF THAT OFFENSE ABSENT A DEPARTURE.
20 (D) IF THE UPPER LIMIT OF THE RECOMMENDED MINIMUM SENTENCE
21 EXCEEDS 18 MONTHS AND THE LOWER LIMIT OF THE RECOMMENDED MINIMUM
22 SENTENCE IS 12 MONTHS OR LESS, THE COURT SHALL SENTENCE THE
23 OFFENDER AS FOLLOWS ABSENT A DEPARTURE:
24 (i) TO IMPRISONMENT WITH A MINIMUM TERM WITHIN THAT
RANGE.
25 (ii) TO AN INTERMEDIATE SANCTION THAT INCLUDES A TERM
OF
26 IMPRISONMENT OF NOT LESS THAN THE MINIMUM RANGE OR MORE THAN 12
27 MONTHS.
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1 (5) If a crime has a mandatory determinant penalty or a
2 mandatory penalty of life imprisonment, the court shall impose
3 that penalty. This section does not apply to sentencing for that
4 crime.
5 (6) As part of the sentence, the court may also order the
6 defendant to pay any combination of a fine, costs, or applicable
7 assessments. The court shall order payment of restitution as
8 provided by law.
9 (7) If the trial court imposes on a defendant a minimum sen-
10 tence that is longer or more severe than the appropriate sentence
11 range, as part of the court's advice of the defendant's rights
12 concerning appeal, the court shall advise the defendant orally
13 and in writing that he or she may appeal the sentence as provided
14 by law on grounds that it is longer or more severe than the
15 appropriate sentence range.
16 (8) All of the following shall be part of the record filed
17 for an appeal of a sentence under this section:
18 (a) An entire record of the sentencing proceedings.
19 (b) The presentence investigation report. Any portion of
20 the presentence investigation report exempt from disclosure by
21 law shall not be a public record.
22 (c) Any other reports or documents the sentencing court used
23 in imposing sentence.
24 (9) An appeal of a sentence under this section does not stay
25 execution of the sentence.
26 (10) If a minimum sentence is within the appropriate
27 guidelines sentence range, the court of appeals shall affirm that
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1 sentence and shall not remand for resentencing absent an error in
2 scoring the sentencing guidelines or inaccurate information
3 relied upon in determining the defendant's sentence. A party
4 shall not raise on appeal an issue challenging the scoring of the
5 sentencing guidelines or challenging the accuracy of information
6 relied upon in determining a sentence that is within the appro-
7 priate guidelines sentence range unless the party has raised the
8 issue at sentencing, in a proper motion for resentencing, or in a
9 proper motion to remand filed in the court of appeals.
10 (11) If, upon a review of the record, the court of appeals
11 finds the trial court did not have a substantial and compelling
12 reason for departing from the appropriate sentence range, the
13 court shall remand the matter to the sentencing judge or another
14 trial court judge for resentencing pursuant to
UNDER this
15 chapter.
16 (12) Time served on the sentence appealed under this section
17 is considered time served on any sentence imposed after remand.
18 CHAPTER IXA
19 PART 1
20 GENERAL PROVISIONS
21 SEC. 1. AS USED IN THIS CHAPTER:
22 (A) "AIRCRAFT" MEANS THAT TERM AS DEFINED IN SECTION 4 OF
23 THE AERONAUTICS CODE OF THE STATE OF MICHIGAN, 1945 PA 327, MCL
24 259.4.
25 (B) "DEPARTURE" MEANS THAT TERM AS DEFINED IN SECTION 31 OF
26 CHAPTER IX.
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1 (C) "HOMICIDE" MEANS ANY CRIME IN WHICH THE DEATH OF A HUMAN
2 BEING IS AN ELEMENT OF THAT CRIME.
3 (D) "INTERMEDIATE SANCTION" MEANS THAT TERM AS DEFINED IN
4 SECTION 31 OF CHAPTER IX.
5 (E) "VEHICLE" MEANS THAT TERM AS DEFINED IN SECTION 79 OF
6 THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.49.
7 SEC. 5. THE OFFENSE CATEGORIES ARE DESIGNATED IN PART 2 OF
8 THIS CHAPTER AS FOLLOWS:
9 (A) CRIMES AGAINST A PERSON ARE DESIGNATED "PERSON".
10 (B) CRIMES AGAINST PROPERTY ARE DESIGNATED "PROPERTY".
11 (C) CRIMES INVOLVING A CONTROLLED SUBSTANCE ARE DESIGNATED
12 "CS".
13 (D) CRIMES AGAINST PUBLIC ORDER ARE DESIGNATED "PUB ORD".
14 (E) CRIMES AGAINST PUBLIC TRUST ARE DESIGNATED "PUB TRST".
15 (F) CRIMES AGAINST PUBLIC SAFETY ARE DESIGNATED "PUB SAF".
16 SEC. 6. THE OFFENSE DESCRIPTIONS IN PART 2 ARE FOR ASSIST-
17 ANCE ONLY AND THE STATUTES LISTED GOVERN APPLICATION OF THE SEN-
18 TENCING GUIDELINES.
19 PART 2
20 SEC. 11. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
21 ENUMERATED IN CHAPTERS 1 TO 199 OF THE MICHIGAN COMPILED LAWS:
22 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
23 4.421(1) PUB TRST G LOBBYISTS -- COMPENSATION CON-
24 TINGENT ON OUTCOME OF ACTION
3
25 4.421(2) PUB TRST G LOBBYISTS GIVING GIFTS
3
26 18.366(1) PROPERTY E FALSE PRESENTATION TO VICTIMS
27 COMPENSATION BOARD TO OBTAIN
28 MORE THAN $100
10
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1 18.1268(9) PUB TRST H PURPOSEFULLY SUBMITTING FALSE
2 BUSINESS CERTIFICATION
FINE
3 21.154 PUB TRST E PUBLIC OFFICER -- EMBEZZLEMENT
5
4 28.295(1)(A) PUB ORD H FORGING STATE ID CARD TO
5 COMMIT FELONY
4
6 28.295(3) PROPERTY H USING STOLEN STATE ID CARD TO
7 COMMIT FELONY
VARIABLE
8 28.295A(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN
9 OR MISUSE PERSONAL
10 INFORMATION
4
11 28.295A(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN
12 OR MISUSE PERSONAL INFORMA-
13 TION -- SECOND OFFENSE
7
14 28.295A(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN
15 OR MISUSE PERSONAL INFORMA-
16 TION -- THIRD OR SUBSEQUENT
17 OFFENSE
15
18 28.422 PUB SAF G PISTOLS -- LICENSE APPLICATION
19 FORGERY
4
20 28.729 PUB ORD G SEX OFFENDERS -- FAILURE TO
21 REGISTER
4
22 35.929 PUB TRST H WILLFUL FALSIFICATION IN
23 APPLICATION FOR VETERANS
24 BENEFITS
3
25 35.980 PUB TRST H KOREAN VETERANS' MILITARY FUND
26 -- FALSE STATEMENT IN APPLI-
27 CATION FOR BENEFITS
3
28 35.1029 PUB TRST H VIETNAM VETERAN ERA BONUS ACT
29 -- FALSE STATEMENT IN APPLI-
30 CATION FOR BENEFITS
3
31 38.412A(1) PUB TRST H COUNTY EMPLOYEE PROVIDING
32 ANSWERS TO COUNTY CIVIL
33 SERVICE EXAM
1
34 38.516 PUB TRST H FIRE AND POLICE CIVIL SERVICE
35 -- APPOINTMENT OR EMPLOYMENT
36 CONTRARY TO ACT
2
37 45.82 PUB TRST E COUNTY PURCHASING AGENT --
38 VIOLATIONS IN AWARDING BIDS
39 OR CONTRACTS
5
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1 47.8 PUB TRST H PAYMENT OF CLAIM AGAINST
2 COUNTY BEFORE AUDIT
2
3 47.56 PUB TRST H WAYNE COUNTY TREASURER PAYING
4 CLAIMS WITHOUT APPROPRIATE
5 SIGNATURE
2
6 51.364 PUB TRST H APPOINTMENT OR SELECTION CON-
7 TRARY TO CIVIL SERVICE COM-
8 MISSION RULES
2
9 110.28 PUB TRST G FOURTH CLASS CITIES -- MISAP-
10 PROPRIATION OF MONEY OR
11 PROPERTY
3
12 117.25(3) PUB TRST E AMENDMENT TO CITY ELECTORS --
13 WILLFULLY AFFIXING ANOTHER'S
14 SIGNATURE, FALSE REP
15
15 125.1447 PROPERTY G HOUSING -- MSHDA -- FALSE PRE-
16 TENSES OVER $100
10
17 168.731(4) PUB TRST G ELECTION LAW -- FILING CERTAIN
18 FALSE STATEMENTS
2
19 168.734 PUB TRST G ELECTION LAW -- ELECTION BOARD
20 REFUSING TO PROVIDE CHAL-
21 LENGER CONVENIENCES
2
22 168.756 PUB TRST E ELECTOR'S FALSE STATEMENT CON-
23 CERNING INABILITY TO MARK
24 BALLOT
5
25 168.757 PUB TRST E ELECTION INSPECTOR -- UNLAWFUL
26 CONDUCT
5
27 168.759(8) PUB TRST E FORGED SIGNATURE ON ABSENTEE
28 BALLOT
5
29 168.759B PUB TRST E FALSE STATEMENT IN APPLICATION
30 FOR EMERGENCY ABSENTEE
31 BALLOT
5
32 168.761(5) PUB TRST E ASSISTING AN ABSENTEE VOTER IN
33 MAKING A FALSE STATEMENT
5
34 168.769(4) PUB TRST E VOTING BOTH IN PERSON AND BY
35 ABSENTEE BALLOT
5
36 168.792A(11) PUB TRST E DISCLOSING HOW BALLOT VOTED
OR
37 ELECTION RESULTS EARLY
38 BEFORE POLLS ARE CLOSED
5
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1 168.792A(16) PUB TRST E DISCLOSING ELECTION RESULT OR
2 HOW BALLOT VOTED
5
3 168.808 PUB TRST E UNTRUE STATEMENT BY MEMBER OF
4 BOARD OF INSPECTORS
4
5 168.873 PUB TRST E MISCONDUCT OF ELECTION
6 EMPLOYEE IN RECOUNT-COUNTY
7 AND LOCAL
5
8 168.887 PUB TRST E MISCONDUCT OF ELECTION
9 EMPLOYEE IN RECOUNT
5
10 168.932(A) PUB TRST E BRIBING OR INTIMIDATING VOTERS
5
11 168.932(B) PUB TRST E BALLOT TAMPERING
5
12 168.932(C) PUB TRST E DESTROYING OR FALSIFYING ELEC-
13 TION RETURN OR RECORDS
5
14 168.932(D) PUB TRST E DISCLOSING VOTES OR OBSTRUCT-
15 ING VOTER
5
16 168.932(E) PUB TRST E ABSENTEE BALLOT TAMPERING
5
17 168.932(F) PUB TRST E ELECTION LAW -- POSSESS ABSENT
18 VOTER BALLOT DELIVERED TO
19 ANOTHER PERSON
5
20 168.932(G) PUB TRST E SUGGESTING HOW A DISABLED
21 VOTER SHOULD VOTE
5
22 168.932(H) PUB TRST E SUGGESTING OR INFLUENCING HOW
23 AN ABSENTEE VOTER SHOULD
24 VOTE
5
25 168.932(I) PUB TRST E ORGANIZING A MEETING WHERE
26 ABSENTEE VOTER BALLOTS ARE
27 TO BE VOTED
5
28 168.932A PUB TRST G ELECTION OFFENSES
4
29 168.933 PUB TRST E FALSE SWEARING TO REGISTER OR
30 VOTE
5
31 168.936 PUB TRST E ELECTION LAW -- PERJURY
5
32 168.937 PUB TRST E ELECTION LAW -- FORGERY
5
33 169.254 PUB TRST H CAMPAIGN FINANCE -- CORPORATE
34 CONTRIBUTIONS
3
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1 169.255 PUB TRST H CAMPAIGN FINANCE -- CORPORATE
2 SOLICITATION FOR CERTAIN
3 FUNDS
3
4 169.266 PUB TRST H CAMPAIGN FINANCE -- QUALIFIED
5 CAMPAIGN EXPENDITURES
3
6 SEC. 12. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
7 ENUMERATED IN CHAPTERS 200 TO 299 OF THE MICHIGAN COMPILED LAWS:
8 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
9 205.27(1)(A) PUB TRST G TAXES -- FAILURE TO FILE ACCU-
10 RATE RETURN OR PAYMENT
5
11 205.27(1)(B) PUB TRST G TAXES -- AIDING & ABETTING TAX
12 EVASION FILING FALSE RETURNS
5
13 205.27(1)(C) PUB TRST G TAXES -- MAKING/PERMITTING
14 FALSE RETURNS
5
15 205.27(3) PUB TRST G TAXES -- FALSE RETURNS/PERJURY
15
16 205.28 PUB TRST G TAXES --
17 COMPROMISING/UNAUTHORIZED
18 DISCLOSURE OF INFORMATION
5
19 205.28(1)(E) PUB TRST G TAXES -- STATE EMPLOYEE COM-
20 PROMISING TAXES
5
21 205.28(1)(F) PUB TRST G TAXES -- UNAUTHORIZED DISCLO-
22 SURE OF TAX INFORMATION
5
23 205.428(2) PUB TRST G TOBACCO PRODUCTS TAX ACT
24 VIOLATIONS
5
25 207.118A PUB ORD G TAXES -- GASOLINE TAX --
26 EMBEZZLEMENT OVER $100
10
27 207.119 PUB TRST G TAXES -- GASOLINE OR MOTOR
28 FUEL VIOLATION
4
29 207.127C PUB ORD G TAXES -- DIESEL FUEL TAX --
30 EMBEZZLEMENT OVER $100
10
31 207.754(3) PUB TRST G STATE TREASURER -- MUNICIPAL-
32 ITY TAX -- DIVULGING
CONFI-
33 DENTIAL INFORMATION
5
34 257.233A(7) PUB ORD G MOTOR VEHICLE -- ODOMETER
35 TAMPERING
5
00322'97
19
1 257.254 PROPERTY E MOTOR VEHICLE -- POSSESS
2 STOLEN TITLE
10
3 257.257(1) PROPERTY G MOTOR VEHICLE -- ALTERATION OR
4 FORGERY OF DOCUMENTS --
5 FIRST OFFENSE
5
6 257.257(2) PROPERTY G MOTOR VEHICLE -- ALTERATION OR
7 FORGERY OF DOCUMENTS --
8 SECOND OFFENSE
7
9 257.257(3) PROPERTY E MOTOR VEHICLE -- ALTERATION OR
10 FORGERY OF DOCUMENTS --
11 THIRD OFFENSE
15
12 257.329(1) PROPERTY G INSURANCE CERTIFICATES --
13 POSSESSION/SALE OF
14 STOLEN/COUNTERFEIT
5
15 257.329(2) PROPERTY E INS. CERTIFICATES --
16 POSSESS/SALE
17 STOLEN/COUNTERFEIT -- SECOND
18 OFFENSE
7
19 257.329(3) PROPERTY E INS. CERTIFICATES --
20 POSSESS/SALE
21 STOLEN/COUNTERFEIT -- THIRD
22 OFFENSE
15
23 257.602A(2) PUB SAF G FLEEING AND ELUDING -- FOURTH
24 DEGREE
2
25 257.602A(3) PUB SAF E FLEEING AND ELUDING -- THIRD
26 DEGREE
5
27 257.602A(4) PERSON D FLEEING AND ELUDING -- SECOND
28 DEGREE
10
29 257.602A(5) PERSON C FLEEING AND ELUDING -- FIRST
30 DEGREE
15
31 257.617 PERSON E FAILURE TO STOP AT SCENE OF A
32 SERIOUS PERSONAL INJURY
33 ACCIDENT
5
34 257.625(4) PERSON C OUIL -- CAUSING DEATH
15
35 257.625(5) PERSON E OUIL -- CAUSING INCAPACITATING
36 INJURY
5
37 257.625(7)(D) PUB SAF E OUIL -- THIRD OFFENSE
5
38 257.625N(10) PUB ORD G DISPOSING OF VEHICLE TO AVOID
39 FORFEITURE
4
00322'97
20
1 257.744A PUB SAF D FALSE STATEMENT IN CITATION --
2 PERJURY
15
3 257.902 PUB SAF E MOTOR VEHICLE CODE -- FELONY
4 PENALTY
5
5 257.903(1) PROPERTY E MOTOR VEHICLE CODE -- FALSE
6 CERTIFICATION -- FIRST
7 OFFENSE
5
8 257.903(2) PROPERTY E MOTOR VEHICLE CODE -- FALSE
9 CERTIFICATION -- SECOND
10 OFFENSE
7
11 257.903(3) PROPERTY D MOTOR VEHICLE CODE -- FALSE
12 CERTIFICATION -- THIRD
13 OFFENSE
15
14 257.1353(2) PUB TRST H MOTOR VEHICLE -- FAIL TO
15 RECORD MATERIAL MATTER --
16 SECOND OFFENSE
2
17 257.1354(2) PUB TRST H MOTOR VEHICLE -- GENERAL VIO-
18 LATIONS -- SECOND OFFENSE
2
19 257.1355 PUB TRST H MOTOR VEHICLE -- FAIL TO
20 RECORD TRANSACTION/FALSIFY
21 RECORDS
2
22 259.183 PROPERTY E AIRCRAFT -- UNLAWFUL
23 TAKING/TAMPERING
5
24 259.185(8) PUB SAF G AIRCRAFT -- OUIL -- THIRD
25 OFFENSE
5
26 285.82 PUB TRST H GRAIN DEALERS ACT -- GENERAL
27 VIOLATIONS
5
28 285.279 PUB TRST E FALSELY OBTAINING MONEY --
29 AGRICULTURAL LAND
10
30 286.455(2) PUB SAF G AGRICULTURE -- HAZARDOUS
31 SUBSTANCE
5
32 287.77(1) PUB SAF H AGRICULTURE -- LIVESTOCK
33 CONDEMNATION
4
34 287.323(1) PERSON C ANIMALS -- DANGEROUS ANIMAL
35 CAUSING DEATH
15
36 287.323(2) PERSON G ANIMALS -- DANGEROUS ANIMAL
37 CAUSING SERIOUS INJURY
4
00322'97
21
1 287.679 PUB ORD H DEAD ANIMALS
1
2 287.744(1) PUB ORD G ANIMAL INDUSTRY ACT -- FELONY
3 VIOLATIONS
5
4 287.855 PUB SAF G AGRICULTURE -- CONTAMINATING
5 LIVESTOCK/FALSE
6 STATEMENT/VIOLATION OF
7 QUARANTINE
5
8 288.223 PUB SAF G AGRICULTURE -- SALE/LABELING
9 -- OLEO MARGARINE
3
10 288.257 PUB SAF G AGRICULTURE -- BUTTER/OLEO
11 MARGARINE
3
12 288.284 PUB TRST H CHEESE ACT -- SELLING FALSELY
13 BRANDED CHEESE
2
14 290.629(1) PERSON G WEIGHTS & MEASURES -- ASSAULTS
15 ENFORCEMENT OFFICER
2
16 290.631(3) PUB TRST G WEIGHTS & MEASURES
5
17 290.650 PERSON G MOTOR FUELS --
18 ASSAULTING/OBSTRUCTING
19 DIRECTOR OR AUTHORIZED
20 REPRESENTATIVE
2
21 290.650B(3) PUB TRST H MOTOR FUELS -- SPECIFIC
22 VIOLATIONS
2
23 SEC. 13. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
24 ENUMERATED IN CHAPTERS 300 TO 399 OF THE MICHIGAN COMPILED LAWS:
25 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
26 324.1608 PERSON G RESISTING AND OBSTRUCTING CON-
27 SERVATION OFFICER
2
28 324.2157(3) PROPERTY H STATE OWNED PROPERTY -- DAM-
29 AGES OF $1,000 OR MORE 180
DAYS
30 324.3115(2) PUB SAF H WASTE DISCHARGE VIOLATIONS --
31 SECOND OFFENSE
2
32 324.5531(4) PUB SAF H POLLUTION VIOLATION -- KNOW-
33 INGLY RELEASES
2
34 324.5531(5) PUB SAF G POLLUTION VIOLATION --
35 KNOWINGLY RELEASES --
00322'97
22
1 CAUSING DEATH/SERIOUS BODILY
2 INJURY
6
3 324.5531(6) PUB SAF C POLLUTION VIOLATION -- RESULT-
4 ING IN DEATH/SERIOUS BODILY
5 INJURY
15
6 324.8905(2) PUB SAF H INFECTIOUS WASTE/PATHOLOGICAL
7 WASTE/SHARPS -- LITTERING
8 VIOLATION
2
9 324.8905(3) PUB SAF G INFECTIOUS WASTE/PATHOLOGICAL
10 WASTE/SHARPS -- LITTERING
11 VIOLATION -- SECOND OFFENSE
5
12 324.11151(2) PUB SAF H HAZARDOUS WASTE VIOLATIONS --
13 SECOND OR SUBSEQUENT OFFENSE
2
14 324.11151(3) PUB SAF H HAZARDOUS WASTE VIOLATION --
15 DISREGARD FOR HUMAN LIFE
2
16 324.11151(3) PUB SAF G HAZARDOUS WASTE VIOLATION --
17 EXTREME INDIFFERENCE FOR
18 HUMAN LIFE
5
19 324.12116(2) PUB SAF H WASTE -- FALSE STATEMENT OR
20 ENTRY IN A LICENSE
21 APPLICATION
2
22 324.20139(3) PUB SAF H HAZARDOUS WASTE -- KNOWINGLY
23 RELEASES OR CAUSES THE
24 RELEASE
2
25 324.21324(1) PUB SAF G UNDERGROUND STORAGE TANKS --
26 FALSE OR MISLEADING
27 INFORMATION
5
28 324.21548(1) PUB TRST H FALSE STATEMENT, REPORT,
29 CLAIM, BID, WORK INVOICE, OR
30 OTHER REQUEST FOR PAYMENT
5
31 324.40118(11) PUB ORD G WILDLIFE CONSERVATION --
32 BUYING SELLING PROTECTED
33 ANIMALS -- SUBSEQUENT
34 OFFENSE
4
35 324.30316(3) PUB SAF H ENVIRONMENTAL PROTECTION ACT
36 -- SUBSEQUENT OFFENSE
2
37 324.31525 PERSON G ENVIRONMENTAL ACT --
IMMINENT
38 DANGER OF DEATH OR SERIOUS
39 INJURY--SUBSEQUENT OFFENSE
2
00322'97
23
1 324.33939(1) PUB TRST H ENVIRONMENTAL ACT -- VIOLATION
2 FOR COMMERCIAL PURPOSES
2
3 324.51120(2) PROPERTY H REMOVING FOREST PRODUCTS OVER
4 $2,500
3
5 324.51512 PUB SAF D FIRES -- WILLFUL SETTING --
6 FORESTS
10
7 324.61511 PUB TRST G ENVIRONMENTAL ACT -- FALSE
8 AFFIDAVIT
5
9 324.61521(1) PUB TRST G ENVIRONMENTAL ACT -- EVADING A
10 RULE OF
3
11 324.76107(4) PUB TRST G RECOVERING ABANDONED PROPERTY
12 -- GREAT LAKES -- W/O A
13 PERMIT
2
14 324.80130D(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN
15 PERSONAL INFORMATION
4
16 324.80130D(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN
17 PERSONAL INFORMATION --
18 SECOND OFFENSE
7
19 324.80130D(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN
20 PERSONAL INFORMATION --
21 THIRD OR SUBSEQUENT OFFENSE
15
22 324.80172 PERSON G OPERATION OF A VESSEL -- NEG-
23 LIGENT CRIPPLING OR HOMICIDE
2
24 324.80173 PERSON G FELONIOUS OPERATION OF A
25 VESSEL
2
26 324.80176(4) PERSON C OPERATING A VESSEL -- CON-
27 TROLLED SUBSTANCE -- DEATH
15
28 324.80176(5) PERSON E OPERATING A VESSEL --
29 LONG-TERM INJURY
5
30 324.80177(1)(C) PUB SAF E OPERATING A VESSEL -- VIOLA-
31 TION WITHIN 10 YEARS OF 2 OR
32 MORE PRIORS
5
33 324.80319A(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN
34 PERSONAL INFORMATION
4
35 324.80319A(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN
36 PERSONAL INFORMATION --
37 SECOND OFFENSE
7
00322'97
24
1 324.80319A(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN
2 PERSONAL INFORMATION --
3 THIRD OR SUBSEQUENT OFFENSE
15
4 324.81120(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN
5 PERSONAL INFORMATION
4
6 324.81120(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN
7 PERSONAL INFORMATION --
8 SECOND OFFENSE
7
9 324.81120(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN
10 PERSONAL INFORMATION --
11 THIRD OR SUBSEQUENT OFFENSE
15
12 324.81134(6) PUB SAF E OPERATING AN OFF ROAD VEHICLE
13 -- UNDER THE INFLUENCE --
14 THIRD OFFENSE W/IN 10 YEARS
4
15 324.82127(4) PERSON C OPERATING A SNOWMOBILE --
16 UNDER THE INFLUENCE -- DEATH
15
17 324.82127(5) PERSON E OPERATING A SNOWMOBILE --
18 UNDER THE INFLUENCE --
19 LONG-TERM INJURY
5
20 324.82128(1)(C) PUB SAF E OPERATING A SNOWMOBILE --
21 UNDER THE INFLUENCE -- THIRD
22 OFFENSE W/IN 10 YEARS
5
23 324.82160(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN
24 PERSONAL INFORMATION
4
25 324.82160(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN
26 PERSONAL INFORMATION --
27 SECOND OFFENSE
7
28 324.82160(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN
29 PERSONAL INFORMATION --
30 THIRD OR SUBSEQUENT OFFENSE
15
31 328.232 PROPERTY E FUNERAL CONTRACTS --
32 CONVERSION
5
33 333.2685 PERSON E USE OF A LIVE HUMAN EMBRYO,
34 FETUS FOR NONTHERAPEUTIC
35 RESEARCH
5
36 333.2688 PERSON E RESEARCH ON DEAD EMBRYO, FETUS
37 W/O CONSENT OF MOTHER
5
38 333.2689 PERSON E ABORTION TO OBTAIN EMBRYO
5
00322'97
25
1 333.2690 PERSON E SALE OR DELIVERY OF FETUS OR
2 EMBRYO
5
3 333.2835(9) PUB TRST G DISCLOSING CONFIDENTIAL INFOR-
4 MATION -- ABORTION
3
5 333.5210 PERSON F AIDS -- SEXUAL PENETRATION
6 WITH UNINFORMED PARTNER
4
7 333.5661 PERSON F FRAUD RESULTING IN PATIENT
8 DEATH
4
9 333.7341(8) CS G CS -- DELIVERY/MANUFACTURE --
10 IMITATION
2
11 333.7401(2)(A)(i) CS A CS --
DELIVERY/MANUFACTURE
12 >649 GRAMS BY JUVENILE
LIFE
13 333.7401(2)(A)(iii) CS B CS --
DELIVERY/MANUFACTURE
14 50-224 GRAMS
20
15 333.7401(2)(A)(iv) CS D CS --
DELIVERY/MANUFACTURE <50
16 GRAMS
20
17 333.7401(2)(B) CS E CS -- DELIVERY/MANUFACTURE
18 SCHEDULE 1/2/3 EXCEPT
19 MARIJUANA
7
20 333.7401(2)(C) CS F CS -- DELIVERY/MANUFACTURE
21 SCHEDULE 4
4
22 333.7401(2)(D)(i) CS C CS --
DELIVERY/MANUFACTURE >45
23 KILOS MARIJUANA
15
24 333.7401(2)(D)(ii) CS D CS --
DELIVERY/MANUFACTURE
25 5-45 KILOS MARIJUANA
7
26 333.7401(2)(D)(iii) CS F CS --
DELIVERY/MANUFACTURE
27 MARIJUANA -- <5 KILOS OR 20
28 PLANTS
4
29 333.7401(2)(E) CS G CS -- DELIVERY/MANUFACTURE
30 SCHEDULE 5
2
31 333.7401(2)(F) CS D CS -- DELIVERY/MANUFACTURE
32 OFFICIAL/COUNTERFEIT PRE-
33 SCRIPTION FORM
20
34 333.7401(2)(G) CS D CS -- DELIVERY MANUFACTURE
35 PRESCRIPTION/COUNTERFEIT
36 FORM (OTHER THAN OFFICIAL)
7
00322'97
26
1 333.7402(2)(A) CS D CS -- DELIVERY/MANUFACTURE --
2 IMITATION SCHED 1/2 OR
3 NARCOTIC OR 7214(A)(iv)
10
4 333.7402(2)(B) CS E CS -- DELIVERY/MANUFACTURE --
5 OTHER IMITATION SCHED 1/2/3
5
6 333.7402(2)(C) CS F CS -- DELIVERY/MANUFACTURE --
7 IMITATION SCHEDULE 4
4
8 333.7402(2)(D) CS G CS -- DELIVERY/MANUFACTURE --
9 IMITATION SCHEDULE 5
2
10 333.7402(2)(E) CS C CS -- DELIVERY/MANUFACTURE --
11 ANALOGUE
15
12 333.7403(2)(A)(i) CS A CS -- POSSESSION >649
GRAMS BY
13 JUVENILE
LIFE
14 333.7403(2)(A)(iii) CS B CS -- POSSESSION 50-224
GRAMS 20
15 333.7403(2)(A)(iv) CS G CS -- POSSESSION 25-49
GRAMS 4
16 333.7403(2)(A)(v) CS G CS -- POSSESSION OF <25
GRAMS 4
17 333.7403(2)(B) CS G CS -- POSSESSION SCHED 1/2/3/4
18 OTHER THAN (A), (B),(D) OR
19 ANALOGUE
2
20 333.7403(2)(E) CS H CS -- POSSESSION OF OFFICIAL
21 PRESCRIPTION FORM
1
22 333.7405(A) CS G CS -- LICENSEE PRESCRIPTION
23 VIOLATIONS
2
24 333.7405(B) CS G CS -- MANUFACTURE/DISTRIBUTE
25 OUTSIDE OF LICENSE
2
26 333.7405(C) CS G CS -- REFUSING INSPECTION
2
27 333.7405(D) CS G CS -- MAINTAINING DRUG HOUSE
2
28 333.7407(1)(A) CS G CS -- LICENSEE/DISTRIBUTE W/O
29 ORDER FORMS
4
30 333.7407(1)(B) CS G CS -- USE OF FICTITIOUS,
31 REVOKED, SUSPENDED LICENSE
32 NUMBER
4
33 333.7407(1)(C) CS G CS -- OBTAINING BY FRAUD
4
34 333.7407(1)(D) CS G CS -- FALSE REPORTING
4
00322'97
27
1 333.7407(1)(E) CS G CS -- POSSESSION OF
2 COUNTERFEITING IMPLEMENTS
4
3 333.7407(1)(F) CS F CS -- DISCLOSING PRESCRIPTION
4 INFORMATION
4
5 333.7407(1)(G) CS F CS -- POSSESSION COUNTERFEIT
6 PRESCRIPTION FORM
4
7 333.7407(2) CS G CS -- REFUSING TO FURNISH
8 RECORDS
4
9 333.10204(1) PUB ORD F TRANSFERRING A HUMAN ORGAN FOR
10 VALUABLE CONSIDERATION
4
11 333.13738(2) PUB SAF F WASTE DISPOSAL VIOLATIONS --
12 SECOND OFFENSE
5
13 333.13738(3) PUB SAF F DISPOSING OF WASTE -- INDIF-
14 FERENCE TO HUMAN LIFE
2
15 333.13738(3) PUB SAF B DISPOSING OF WASTE -- EXTREME
16 INDIFFERENCE TO HUMAN LIFE
20
17 333.16170(3) PUB TRST F FALSE REPRESENTATION -- HEALTH
18 PROFESSIONAL RECOVERY
19 PROGRAM
4
20 333.16294 PUB SAF F HEALTH PROFESSION -- UNAUTHO-
21 RIZED PRACTICE
4
22 333.17766A(2)(A) CS F CS -- POSSESSION OF STEROIDS
23 -- SECOND OFFENSE
4
24 333.17766A(3) CS E CS -- DELIVERY/MANUFACTURE --
25 STEROIDS
7
26 333.17766A(4) CS G CS -- DELIVERY IMITATION
27 STEROIDS
7
28 333.17766C(2) CS G CS -- POSSESSION >10 GRAMS --
29 EPHEDRINE
2
30 333.20142(5) PUB TRST F FALSE STATEMENT -- APPLICATION
31 LICENSURE HEALTH FACILITY
4
32 333.21792 PUB TRST G NURSING HOMES -- REFERRAL
33 FEES/BRIBING OFFICIALS/
34 ACCEPTING BRIBES
4
35 388.936 PUB TRST F KNOWINGLY MAKING FALSE STATE-
36 MENT -- SCHOOL DISTRICT
37 LOANS
4
00322'97
28
1 388.962 PUB TRST F KNOWINGLY MAKING FALSE
2 STATEMENT -- SCHOOL DISTRICT
3 LOANS
4
4 SEC. 14. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
5 ENUMERATED IN CHAPTERS 400 TO 499 OF THE MICHIGAN COMPILED LAWS:
6 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
7 400.60(2) PROPERTY H WELFARE -- FAILURE TO INFORM
8 O/$500
4
9 400.603 PUB TRST G MEDICAID FRAUD -- FALSE STATE-
10 MENT IN BENEFIT/CONCEALING
11 INFORMATION
4
12 400.604 PUB TRST G MEDICAID FRAUD --
13 KICKBACK/REFERRAL FEES
4
14 400.605 PUB TRST G MEDICAID FRAUD -- FALSE STATE-
15 MENT REGARDING INSTITUTIONS
4
16 400.606 PROPERTY E MEDICAID FRAUD -- CONSPIRACY
10
17 400.607 PUB TRST G MEDICAID FRAUD -- FALSE
18 CLAIM/MEDICALLY UNNECESSARY
4
19 400.609 PROPERTY D MEDICAID FRAUD -- FOURTH
20 OFFENSE
10
21 400.713(13) PUB SAF H ADULT FOSTER CARE -- UNLI-
22 CENSED FACILITY -- FIRST
23 OFFENSE
2
24 400.713(13) PUB SAF F ADULT FOSTER CARE -- UNLI-
25 CENSED FACILITY -- SECOND OR
26 SUBSEQUENT VIOLATION
5
27 400.722(4) PUB SAF F ADULT FOSTER CARE -- MAINTAIN-
28 ING OPERATION AFTER REFUSAL
29 OF LICENSURE
5
30 408.1035(5) PUB SAF G MIOSHA -- VIOLATION -- SECOND
31 OFFENSE
3
32 408.1035(5) PUB SAF I MIOSHA -- VIOLATION -- FIRST
33 OFFENSE
1
34 408.1035A(5) PUB SAF I MIOSHA -- VIOLATIONS/WRITS OF
35 MANDAMUS/ASSAULTS -- FIRST
36 OFFENSE
1
00322'97
29
1 408.1035A(5) PUB SAF G MIOSHA -- VIOLATIONS/WRITS OF
2 MANDAMUS/ASSAULTS -- SECOND
3 OFFENSE
3
4 409.122(2) PERSON E CHILDREN -- EMPLOYMENT DURING
5 CERTAIN HOURS -- THIRD
6 OFFENSE
10
7 409.122(2) PUB ORD G CHILDREN -- EMPLOYMENT DURING
8 CERTAIN HOURS -- SECOND
9 OFFENSE
2
10 409.122(3) PERSON D CHILDREN -- EMPLOYMENT IN
11 CHILD SEXUALLY ABUSIVE
12 ACTIVITY
20
13 421.54(A)(ii)(B) PROPERTY H UNEMP. COMP. FRAUD --
FAIL TO
14 COMPLY W/ ACT/RULE
15 $25,000-100,000
2
16 421.54(A)(ii)(C) PROPERTY G UNEMP. COMP. FRAUD --
FAIL TO
17 COMPLY W/ ACT/RULE OVER
18 $100,000
5
19 421.54(A)(iv)(B) PROPERTY H UNEMP. COMP. FRAUD --
WILLFUL
20 VIOLATION OF ACT/RULE OVER
21 $100,000
2
22 421.54(B)(ii)(B) PROPERTY H UNEMP. COMP. FRAUD --
FALSE
23 STATEMENT/MISREPRESENT
24 $25,000+
2
25 421.54(B)(ii)(C) PROPERTY H UNEMP. COMP. FRAUD --
FALSE
26 STATE./MISREP. NO ACTUAL
27 LOSS
2
28 421.54(D) PROPERTY H UNEMP. COMP. FRAUD -- DISCLOSE
29 CONFIDENTIAL INFO FOR $ GAIN
1
30 421.54A PROPERTY G UNEMP. COMP. FRAUD -- FALSE
31 STATEMENT AS CONDITION OF
32 EMPLOY.
10
33 421.54B(B)(i) PROPERTY H UNEMP. COMP. FRAUD --
CONSPIR-
34 ACY -- LOSS OF $25,000 OR
35 LESS
2
36 421.54B(B)(ii) PROPERTY G UNEMP. COMP. FRAUD --
CONSPIR-
37 ACY -- LOSS OVER $25,000
5
38 421.54B(B)(iii) PROPERTY H UNEMP. COMP. FRAUD -- CONSPIR-
39 ACY -- NO ACTUAL LOSS
2
00322'97
30
1 421.54C(B)(ii) PROPERTY H UNEMP. COMP. FRAUD --
2 EMBEZZLEMENT -- $25,000 TO
3 UNDER $100,000
2
4 421.54C(B)(iii) PROPERTY G UNEMP. COMP. FRAUD --
EMBEZ-
5 ZLEMENT -- $100,000 OR MORE
5
6 421.54C(B)(iv) PROPERTY H UNEMP. COMP. FRAUD --
EMBEZ-
7 ZLEMENT -- NO ACTUAL LOSS
2
8 426.106 PROPERTY E MARKING OF LOGS AND TIMBER --
9 FORGING
5
10 431.257 PUB TRST G RACING, BOXING & EXHIBITION
11 RACING
2
12 431.307(8) PUB TRST G HORSE RACING -- TESTIFYING
13 FALSELY TO COMMISSIONER
14 WHILE UNDER OATH
4
15 431.330(4) PUB TRST G HORSE RACING -- ADMINISTERING
16 A DRUG THAT COULD AFFECT
17 RACING CONDITION
5
18 431.332 PUB TRST G HORSE RACING -- INFLUENCING OR
19 ATTEMPTING TO INFLUENCE
20 RESULT OF RACE
5
21 432.30 PROPERTY G LOTTERY -- FORGERY OF TICKETS
5
22 432.218 PUB ORD D CASINO GAMING OFFENSES
10
23 436.33(2) PERSON D ALCOHOL -- SELLING TO A MINOR
24 CAUSING DEATH
10
25 436.46A PUB ORD H LIQUOR VIOLATION
1
26 436.50 PUB ORD H LIQUOR VIOLATION
1
27 438.41 PROPERTY E CRIMINAL USURY
5
28 440.9307(4) PROPERTY G FARMING -- ILLEGAL SALE OF
29 SECURED PRODUCTS
3
30 442.219 PUB TRST E SALES -- FALSE STATEMENT
5
31 443.50 PUB TRST E UNIFORM WAREHOUSE RECEIPTS
ACT
32 -- ISSUANCE FOR GOODS NOT
33 RECEIVED
5
34 443.52 PUB TRST E UNIFORM WAREHOUSE RECEIPTS ACT
35 -- ISSUANCE OF DUPLICATE NOT
36 SO MARKED
5
00322'97
31
1 444.13 PUB TRST H WAREHOUSEMEN AND WAREHOUSE
2 RECEIPTS
2
3 444.107 PUB TRST E WAREHOUSE CERTIFICATES --
4 WILLFULLY ALTER OR DESTROY
5
5 445.487(2) PUB ORD H P. GEM/METAL D. ACT -- FAIL
6 RECORD MATERIAL MATTER --
7 SECOND OFFENSE
2
8 445.488(2) PUB ORD H P. GEM/METAL D. ACT -- GENERAL
9 DEALER VIOLATIONS -- SECOND
10 OFFENSE
2
11 445.489 PUB ORD H P. GEM/METAL D. ACT --
12 FRAUD/ILLEGAL PURCHASE
2
13 445.490 PUB ORD H P. GEM/METAL D. ACT -- FAILURE
14 TO OBTAIN A CERTIFICATE OF
15 REGISTRATION
2
16 445.779 PUB ORD H MICHIGAN ANTITRUST REFORM ACT
17 -- PENALTY
2
18 445.1505 PUB TRST G FRANCHISE INVESTMENT LAW --
19 FRAUDULENT FILING/OFFERS
7
20 445.1508 PUB TRST G FRANCHISE INVESTMENT LAW --
21 SALE WITHOUT PROPER
22 DISCLOSURE
7
23 445.1513 PUB TRST G FRANCHISE INVESTMENT LAW --
24 ILLEGAL OFFERS/SALES
7
25 445.1520 PUB TRST G FRANCHISE INVESTMENT LAW --
26 KEEPING RECORDS
7
27 445.1521 PUB TRST G FRANCHISE INVESTMENT LAW --
28 FALSE REPRESENTATION
7
29 445.1523 PUB TRST G FRANCHISE INVESTMENT LAW --
30 FALSE STATEMENTS OF MATERIAL
31 FACT
7
32 445.1525 PUB TRST G FRANCHISE INVESTMENT LAW --
33 FALSE ADVERTISING
7
34 445.1528 PUB TRST D PYRAMID/CHAIN PROMOTIONS --
35 OFFER OR SELL
7
36 445.1671 PUB TRST E MORTGAGE BROKERS, LENDERS --
37 KNOWINGLY GIVING A FALSE
38 STATEMENT
15
00322'97
32
1 445.1679 PUB TRST H MORTGAGE BROKERS ACT --
2 GENERAL VIOLATIONS
3
3 450.775 PUB ORD H CORPORATIONS -- MINORITY AND
4 WOMAN OWNED BUSINESSES
2
5 450.795 PUB ORD H CORPORATIONS -- HANDICAPPER
6 BUSINESS OPPORTUNITY ACT
2
7 451.319 PUB TRST G SECURITIES, REAL ESTATE, AND
8 DEBT MANAGEMENT -- VIOLATION
2
9 451.434 PUB TRST H DEBT MANAGEMENT ACT --
10 LICENSEE VIOLATIONS
2
11 451.501 PUB TRST E BLUE SKY LAWS -- FRAUDULENT
12 SCHEMES/STATEMENTS
10
13 451.502 PUB TRST E BLUE SKY LAWS -- INVESTMENT
14 ADVISOR/AGENT FRAUD
10
15 451.503 PUB TRST E BLUE SKY LAWS -- MAKE/SELL
16 FALSE BULLION/CERTIFICATES
10
17 451.601 PUB TRST E BLUE SKY LAWS -- UNREGISTERED
18 BROKER/DEALER/AGENT/ADVISOR
10
19 451.603(H) PUB TRST E BLUE SKY LAWS -- FAIL TO
20 NOTIFY ADMINISTRATOR OF
21 SANCTIONS
10
22 451.604(A)(1)(J) TO
23 (S) AND (V) TO (Z) PUB TRST E BLUE SKY LAWS -- VARIOUS
24 VIOLATIONS
10
25 451.701 PUB TRST E BLUE SKY LAWS -- OFFER/SELL
26 UNREGISTERED SECURITIES
10
27 451.802 PUB TRST E BLUE SKY LAWS -- UNLAWFULLY
28 SELLING SECURITIES
10
29 451.804 PUB TRST E BLUE SKY LAWS -- WILLFUL FALSE
30 STATEMENTS
10
31 451.805(B) PUB TRST E BLUE SKY LAWS -- FALSE REPRE-
32 SENTATION OF ADMINISTRATIVE
33 APPROVAL
10
34 451.806(B) PUB TRST E BLUE SKY LAWS -- IMPROPER
DIS-
35 CLOSE BY COR. & SEC. BUR.
36 EMPLOYEE
10
37 462.257(1) PERSON A TRAINS -- ENDANGERING TRAVEL
LIFE
00322'97
33
1 462.353(5) PUB SAF F OPERATING A LOCOMOTIVE --
2 UNDER THE INFLUENCE
4
3 472.36 PUB SAF A STREET RAILWAYS -- OBSTRUCTION
4 OF TRACK
LIFE
5 482.44 PROPERTY H BILLS OF LADING -- ISSUANCE
6 FOR GOODS NOT RECEIVED
5
7 482.46 PROPERTY H BILLS OF LADING -- ISSUANCE OF
8 DUPLICATE NOT SO MARKED
5
9 482.48 PROPERTY H BILLS OF LADING -- NEGOTIATION
10 WHEN GOODS NOT IN CARRIERS'
11 POSSESSION
5
12 482.49 PROPERTY H BILLS OF LADING -- INDUCING
13 CARRIER TO ISSUE WHEN GOODS
14 HAVE NOT BEEN RECEIVED
5
15 482.50 PROPERTY H BILLS OF LADING -- ISSUANCE OF
16 NON-NEGOTIABLE BILL NOT SO
17 MARKED
5
18 483.226 PUB TRST E OFFICER OF A PIPELINE COMPANY
19 -- INTENT TO DEFRAUD --
20 STOCK
10
21 487.1505(6) PUB TRST E BIDCO ACT -- KNOWINGLY RECEIV-
22 ING MONEY OR PROPERTY AT AN
23 INTEREST RATE >25%
5
24 492.137(A) PUB TRST H INSTALLMENT SALES OF MOTOR
25 VEHICLES
3
26 493.56A(13) PUB TRST C FALSE STATEMENT IN REPORTS --
27 SECONDARY MORTGAGE
15
28 493.77(2) PUB TRST H REGULATORY LOANS
3
29 SEC. 15. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
30 ENUMERATED IN CHAPTERS 500 TO 749 OF THE MICHIGAN COMPILED LAWS:
31 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
32 500.1325(3) PUB TRST E INSURANCE CODE -- KNOWINGLY
33 MISREPRESENTING FALSE FINAN-
34 CIAL CONDITION
5
35 500.1371 PUB TRST H HOLDING COMPANIES -- VIOLATION
2
00322'97
34
1 500.1505(2) PUB TRST C INSURANCE CODE -- LICENSE AND
2 REGULATORY VIOLATIONS
15
3 500.4511(1) PUB TRST F INSURANCE CODE -- FRAUDULENT
4 INSURANCE ACT
4
5 500.4511(2) PUB TRST D INSURANCE FRAUD -- AGREEMENT
6 OR CONSPIRACY TO COMMIT
10
7 500.5252(4) PROPERTY G INSURANCE -- IMPROPER PERSONAL
8 INTEREST IN TRANSACTIONS
5
9 500.7034(2) PUB TRST E OFFICER OF A MEWA KNOWINGLY
10 RECEIVE VALUABLES FOR SALE
11 PROPERTY OR LOAN
10
12 500.8197(2) PUB TRST C INSURANCE -- KNOWING OR WIL-
13 FULL FALSE STATEMENTS IN
14 APPLICATION FOR INSURANCE
15
15 500.8197(3) PROPERTY E CONSOLIDATION MERGER -- COM-
16 PENSATION OTHERWISE THAN
17 EXPRESSED IN CONTRACT
5
18 551.6 PERSON H MARRIAGE LICENSE -- MENTAL OR
19 VENEREAL DISEASE
5
20 554.836 PROPERTY E REAL AND PROPERTY -- LIVING
21 CARE DISCLOSURE ACT
7
22 565.371 PROPERTY G FRAUDULENT CONVEYANCES --
23 RECORDING WITH INTENT TO
24 DECEIVE
3
25 565.827 PUB TRST E LAND SALES ACT -- FALSE OR
26 FRAUDULENT STATEMENT
10
27 570.152 PROPERTY G CONTRACTOR -- FRAUDULENT USE
28 OF BUILDING CONTRACT FUND
3
29 570.1110 PROPERTY F CONTRACTOR -- FALSE SWORN
30 STATEMENTS OVER $100
4
31 570.1207 PROPERTY G CONSTRUCTION LIENS -- FALSE
32 INFORMATION
4
33 600.908(8) PUB TRST E IMMUNITY TO WITNESS -- COMMIT-
34 TING PERJURY
15
35 600.2136 PUB TRST E LIBRARY RECORD, BOOK, PAPER --
36 FALSE CERTIFICATION IN COURT
15
00322'97
35
1 600.2907A PROPERTY G RECORDING DOCUMENTS AFFECTING
2 PROPERTY WITHOUT LAWFUL
3 CAUSE
3
4 600.2916 PUB SAF G REVISED JUDICATURE ACT --
5 LETHAL GASES FOR FUMIGATION
4
6 600.8713 PUB TRST G REVISED JUDICATURE ACT --
7 FALSE STATEMENT BY AUTHO-
8 RIZED LOCAL OFFICIALS
15
9 600.8813 PUB TRST E LAW ENFORCEMENT OFFICER --
10 KNOWINGLY MAKING FALSE
11 STATEMENT IN A CITATION
15
12 710.54(11) PUB TRST F OFFER TO GIVE OTHER CONSIDERA-
13 TION -- ADOPTION -- SUBSE-
14 QUENT VIOLATION
4
15 710.55(1) PUB TRST F ADOPTION -- PERSONS NOT AUTHO-
16 RIZED PLACING CHILD -- SUB-
17 SEQUENT VIOLATION
4
18 710.69 PERSON F MICHIGAN ADOPTION LAW --
19 SECOND OFFENSE
4
20 711.1(8) PUB TRST E INTENTIONAL FALSE STATEMENT IN
21 PETITION FOR NAME CHANGE
15
22 722.633(5)(B) PERSON F INTENTIONAL FALSE REPORT OF
23 CHILD ABUSE CONSTITUTING A
24 FELONY
4
25 722.675 PUB ORD E DISTRIBUTING OBSCENE MATTER TO
26 CHILDREN
2
27 722.857 PERSON E SURROGATE PARENTING ACT --
28 CONTRACTS INVOLVING MINORS,
29 MENTALLY RETARDED, ETC.
5
30 722.859(3) PERSON E SURROGATE PARENTING ACT --
31 CONTRACTS FOR COMPENSATION
5
32 SEC. 16. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
33 ENUMERATED IN CHAPTER 750 OF THE MICHIGAN COMPILED LAWS:
34 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
35 750.11 PERSON A TAKING A WOMAN AND
COMPELLING
36 HER TO MARRY
LIFE
00322'97
36
1 750.12 PERSON H TAKING A WOMAN WITH INTENT TO
2 COMPEL HER TO MARRY
10
3 750.13 PERSON D ENTICING FEMALE UNDER 16 FOR
4 IMMORAL PURPOSES
10
5 750.14 PERSON C ABORTION RESULTING IN DEATH OF
6 FEMALE
15
7 750.14 PERSON G ABORTION
4
8 750.30 PUB ORD H ADULTERY
4
9 750.32 PUB ORD H COHABITATION OF DIVORCED
10 PARTIES
4
11 750.49(2)(A) TO (D) PUB ORD F FIGHTING ANIMALS OR PROVIDING
12 FACILITIES FOR ANIMAL FIGHTS
4
13 750.49(2)(E) PUB ORD F ORGANIZING OR PROMOTING ANIMAL
14 FIGHTS
4
15 750.49(2)(F) PUB ORD H ATTENDING ANIMAL FIGHT
4
16 750.49(2)(G) PUB ORD F BREEDING OR SELLING FIGHTING
17 ANIMALS
4
18 750.49(2)(H) PUB ORD F SELLING OR POSSESSING EQUIP-
19 MENT FOR ANIMAL FIGHTS
4
20 750.49(8) PERSON A INCITING FIGHTING ANIMAL
21 RESULTING IN DEATH
LIFE
22 750.49(9) PERSON F INCITING FIGHTING ANIMAL TO
23 ATTACK
4
24 750.49(10) PERSON D FIGHTING ANIMAL ATTACKING
25 WITHOUT PROVOCATION AND
26 DEATH RESULTING
15
27 750.50(4) PUB ORD G ANIMAL NEGLECT OR CRUELTY --
28 SECOND OFFENSE
2
29 750.50(4) PUB ORD F ANIMAL NEGLECT OR CRUELTY --
30 THIRD OR SUBSEQUENT OFFENSE
4
31 750.50B(2) PROPERTY F KILLING OR TORTURING ANIMALS
4
32 750.50C(5) PUB ORD E KILLING OR CAUSING SERIOUS
33 PHYSICAL HARM TO LAW
34 ENFORCEMENT ANIMAL
5
00322'97
37
1 750.50C(7) PUB SAF H HARASSING OR CAUSING HARM TO
2 LAW ENFORCEMENT ANIMAL WHILE
3 COMMITTING CRIME
2
4 750.68 PROPERTY G CHANGING BRANDS WITH INTENT TO
5 STEAL
4
6 750.72 PERSON B ARSON OF A DWELLING HOUSE
20
7 750.73 PROPERTY D ARSON OF REAL PROPERTY
10
8 750.74 PERSON F ARSON OF PERSONAL PROPERTY
9 GREATER THAN $50
4
10 750.75 PROPERTY D ARSON OF INSURED PROPERTY
10
11 750.77 PERSON F PREPARING TO BURN PERSONAL
12 PROPERTY GREATER THAN $50
4
13 750.78 PUB SAF F ARSON OF WOODS AND PRAIRIES
4
14 750.79 PUB SAF F VIOLATING TOWNSHIP RULES CON-
15 CERNING CLEARING OF LAND AND
16 BURNING
4
17 750.80 PROPERTY D ARSON OF MINES
LIFE
18 750.81(4) PERSON G DOMESTIC ASSAULT -- THIRD
19 OFFENSE
2
20 750.81A(3) PERSON G AGGRAVATED DOMESTIC ASSAULT --
21 SECOND OFFENSE
2
22 750.82(1) PERSON F FELONIOUS ASSAULT
4
23 750.82(2) PERSON F FELONIOUS ASSAULT --
24 WEAPON-FREE SCHOOL ZONE
4
25 750.83 PERSON A ASSAULT WITH INTENT TO MURDER
LIFE
26 750.84 PERSON D ASSAULT WITH INTENT TO DO
27 GREAT BODILY HARM LESS THAN
28 MURDER
10
29 750.86 PERSON D ASSAULT WITH INTENT TO MAIM
10
30 750.87 PERSON D ASSAULT WITH INTENT TO
COMMIT
31 A FELONY
10
32 750.88 PERSON C ASSAULT WITH INTENT TO COMMIT
33 UNARMED ROBBERY
15
34 750.89 PERSON A ASSAULT WITH INTENT TO COMMIT
35 ARMED ROBBERY
LIFE
00322'97
38
1 750.90 PERSON D SEXUAL INTERCOURSE UNDER
2 PRETEXT OF MEDICAL TREATMENT
10
3 750.91 PERSON A ATTEMPTED MURDER
LIFE
4 750.93 PROPERTY G REMOVING OR DESTROYING BONDS
5 IN STATE TREASURY
10
6 750.94 PROPERTY G ISSUING BANK NOTES WITHOUT
7 COMPLYING WITH REQUIREMENTS
10
8 750.95 PROPERTY G FRAUDULENT BANK NOTES
10
9 750.96 PROPERTY G FRAUDULENT DISPOSAL OF BANK
10 PROPERTY
4
11 750.97 PROPERTY H STATEMENTS DEROGATORY TO
12 FINANCIAL CONDITION OF BANK
4
13 750.98 PUB ORD G PRIVATE BANKING
4
14 750.99 PUB TRST G CERTIFYING CHECKS WITHOUT SUF-
15 FICIENT FUNDS
4
16 750.100 PUB TRST E BANKS -- CONDUCTING BUSINESS
17 WHEN INSOLVENT
5
18 750.101 PUB TRST E VIOLATING FINANCIAL INSTITU-
19 TIONS ACT
5
20 750.104 PROPERTY F FITTING BOAT WITH INTENT TO
21 DESTROY
4
22 750.105 PROPERTY G MAKING FALSE CARGO INVOICE FOR
23 BOAT
4
24 750.106 PROPERTY G BOATS -- MAKING OR PROCURING
25 FALSE PROTEST
4
26 750.110 PROPERTY D BREAKING AND ENTERING WITH
27 INTENT TO COMMIT FELONY OR
28 LARCENY
10
29 750.110A(4) PERSON B HOME INVASION -- FIRST DEGREE
20
30 750.110A(5) PERSON C HOME INVASION -- SECOND DEGREE
15
31 750.111 PROPERTY E ENTERING WITHOUT BREAKING WITH
32 INTENT TO COMMIT FELONY OR
33 LARCENY
5
34 750.112 PERSON A BURGLARY WITH EXPLOSIVES
LIFE
00322'97
39
1 750.116 PROPERTY E POSSESSION OF BURGLAR'S TOOLS
10
2 750.117 PUB TRST F BRIBING PUBLIC OFFICER
4
3 750.118 PUB TRST D PUBLIC OFFICER ACCEPTING BRIBE
10
4 750.119 PUB TRST F BRIBING JURORS AND OTHERS
4
5 750.120 PUB TRST F JURORS AND OTHERS ACCEPTING
6 BRIBES
4
7 750.121 PUB TRST F BRIBING PUBLIC OFFICERS TO
8 INFLUENCE CONTRACT
4
9 750.124 PUB TRST G BRIBING ATHLETES
4
10 750.128 PUB ORD H BUCKET SHOPS
2
11 750.131(3)(A)(iv) PROPERTY H NSF CHECKS -- $50 OR LESS
--
12 FOURTH OFFENSE 13
MOS.
13 750.131(3)(B)(ii) PROPERTY H NSF -- CHECKS $50 TO 200
--
14 THIRD OFFENSE 13
MOS.
15 750.131(3)(C) PROPERTY H NSF CHECKS -- OVER $200 13
MOS.
16 750.131A(1) PROPERTY H NO ACCOUNT CHECKS
2
17 750.131A(2) PROPERTY H NO ACCOUNT CHECKS -- THREE
18 WITHIN 10 DAYS
2
19 750.135 PERSON D EXPOSING CHILDREN WITH INTENT
20 TO INJURE OR ABANDON
10
21 750.136B(F)(2) PERSON C CHILD ABUSE -- FIRST DEGREE
15
22 750.136B(F)(3) PERSON F CHILD ABUSE -- SECOND DEGREE
4
23 750.136B(F)(4) PERSON G CHILD ABUSE -- THIRD DEGREE
2
24 750.145B PERSON F ACCOSTING CHILDREN FOR IMMORAL
25 PURPOSES -- SECOND OFFENSE
4
26 750.145C(2) PERSON B CHILD SEXUALLY ABUSIVE ACTIV-
27 ITY OR MATERIALS -- ACTIVE
28 INVOLVEMENT
20
29 750.145C(3) PERSON D CHILD SEXUALLY ABUSIVE ACTIV-
30 ITY OR MATERIALS -- DISTRIB-
31 UTING, PROMOTING, OR
32 FINANCING
7
33 750.145N(1) PERSON C VULNERABLE ADULT ABUSE --
34 FIRST DEGREE
15
00322'97
40
1 750.145N(2) PERSON F VULNERABLE ADULT ABUSE --
2 SECOND DEGREE
4
3 750.145N(3) PERSON G VULNERABLE ADULT ABUSE --
4 THIRD DEGREE
2
5 750.145O PERSON E DEATH OF VULNERABLE ADULT
6 CAUSED BY UNLICENSED
7 CARETAKER
5
8 750.145P(1) PERSON G VULNERABLE ADULTS -- COMMINGL-
9 ING FUNDS, OBSTRUCTING
10 INVESTIGATION, OR FILING
11 FALSE INFORMATION
2
12 750.145P(2) PERSON G RETALIATION OR DISCRIMINATION
13 BY CAREGIVER AGAINST VULNER-
14 ABLE ADULT
2
15 750.145P(5) PERSON E VULNERABLE ADULTS -- CAREGIVER
16 VIOLATIONS -- SECOND OFFENSE
5
17 750.147B PERSON G ETHNIC INTIMIDATION
2
18 750.149 PUB SAF F CONCEALING AN OFFENSE PUNISH-
19 ABLE BY LIFE
4
20 750.157A(B) PUB ORD H CONSPIRACY -- GAMBLING
5
21 750.157A(D) PUB ORD G CONSPIRACY TO COMMIT LEGAL ACT
22 IN ILLEGAL MANNER
5
23 750.157B(2) PERSON A SOLICITATION OF MURDER
LIFE
24 750.157B(3)(A) PUB ORD E SOLICITATION OF FELONY PUNISH-
25 ABLE BY LIFE OR 5 OR MORE
26 YEARS
5
27 750.157B(3)(B) PUB ORD G SOLICITATION OF FELONY PUNISH-
28 ABLE BY LESS THAN 5 YEARS
2
29 750.157N(1) PROPERTY H FINANCIAL TRANSACTION DEVICE
30 -- STEALING, RETAINING, OR
31 USING WITHOUT CONSENT
4
32 750.157N(2) PROPERTY H POSSESSING FRAUDULENT OR
33 ALTERED FINANCIAL TRANSAC-
34 TION DEVICE
4
35 750.157P PROPERTY H POSSESSING FINANCIAL TRANSAC-
36 TION DEVICE WITHOUT PERMIS-
37 SION AND WITH INTENT TO USE
38 OR SELL
4
00322'97
41
1 750.157Q PROPERTY H DELIVERY OR SALE OF FRAUDULENT
2 FINANCIAL TRANSACTION DEVICE
4
3 750.157R PROPERTY H FINANCIAL TRANSACTION DEVICE
4 -- FORGERY, ALTERATION, OR
5 COUNTERFEITING
4
6 750.157S PROPERTY H USE OF REVOKED OR CANCELED
7 FINANCIAL TRANSACTION DEVICE
8 OVER $100
1
9 750.157T PROPERTY H FURNISHING GOODS OR SERVICES
10 TO PERSON COMMITTING VIOLA-
11 TION WITH FINANCIAL TRANSAC-
12 TION DEVICE
4
13 750.157U PROPERTY H OVERCHARGING PERSON USING
14 FINANCIAL TRANSACTION DEVICE
4
15 750.157V PROPERTY H FALSE STATEMENT OF IDENTITY TO
16 OBTAIN FINANCIAL TRANSACTION
17 DEVICE
4
18 750.157W PROPERTY H FRAUDULENTLY WITHDRAWING OR
19 TRANSFERRING MORE THAN $500
20 WITH FINANCIAL TRANSACTION
21 DEVICE
4
22 750.158 PUB ORD E SODOMY
15
23 750.159J PUB SAF B RACKETEERING
20
24 750.160 PUB ORD D DISINTERRING OR MUTILATING
25 DEAD HUMAN BODIES
10
26 750.160A PUB ORD H PHOTOGRAPHING DEAD HUMAN
27 BODIES
2
28 750.161 PUB ORD G DESERTION/ABANDONMENT/NON-
29 SUPPORT
3
30 750.164 PUB ORD F DESERTION TO ESCAPE
31 PROSECUTION
4
32 750.165 PUB ORD F FAILING TO PAY SUPPORT AND
33 LEAVING STATE
4
34 750.171 PERSON E DUELLING
10
35 750.174 PROPERTY D EMBEZZLEMENT BY AGENT OVER
36 $100
10
37 750.175 PUB TRST D EMBEZZLEMENT BY PUBLIC
38 OFFICIAL OVER $50
10
00322'97
42
1 750.176 PUB TRST E EMBEZZLEMENT BY ADMIN-
2 ISTRATOR/EXECUTOR/GUARDIAN
10
3 750.177 PROPERTY H EMBEZZLEMENT BY CHATTEL MORT-
4 GAGOR OVER $100
2
5 750.178 PROPERTY G EMBEZZLEMENT OF MORTGAGED OR
6 LEASED PROPERTY -- OVER $100
2
7 750.179 PROPERTY G EMBEZZLEMENT OF RAILROAD
8 TICKETS
4
9 750.180 PROPERTY D EMBEZZLEMENT BY FINANCIAL
10 INSTITUTIONS
20
11 750.181 PROPERTY E EMBEZZLEMENT OF JOINTLY HELD
12 PROPERTY OVER $100
10
13 750.182 PROPERTY G EMBEZZLEMENT BY WAREHOUSES
4
14 750.182A PUB TRST H FALSIFYING SCHOOL RECORDS
2
15 750.183 PUB SAF E AIDING ESCAPING PRISONER
7
16 750.186A(1) PUB SAF F ESCAPE FROM A JUVENILE
17 FACILITY
4
18 750.189 PUB SAF H OFFICER NEGLIGENTLY ALLOWING
19 PRISONER TO ESCAPE OR REFUS-
20 ING TO RECEIVE PRISONER
2
21 750.190 PUB SAF G OFFICER RECEIVING REWARD TO
22 ASSIST OR PERMIT ESCAPE
2
23 750.193 PUB SAF E ESCAPE FROM PRISON
5
24 750.195(1) PUB SAF H ESCAPE FROM A MISDEMEANOR JAIL
25 SENTENCE
2
26 750.195(2) PUB SAF F ESCAPE FROM A FELONY JAIL
27 SENTENCE
4
28 750.197(1) PUB SAF H ESCAPE WHILE AWAITING TRIAL
29 FOR MISDEMEANOR
2
30 750.197(2) PUB SAF F ESCAPE WHILE AWAITING TRIAL
31 FOR FELONY
4
32 750.197C PUB SAF F ESCAPE FROM JAIL THROUGH
33 VIOLENCE
4
34 750.199A PUB ORD F ABSCONDING ON OR FORFEITING
35 BOND
4
00322'97
43
1 750.200 PUB SAF F EXPLOSIVES -- TRANSPORT BY
2 COMMON CARRIERS
4
3 750.201 PUB SAF F TRANSPORTATION OF CONCUSSION
4 OR FRICTION TYPE EXPLOSIVES
4
5 750.202 PUB SAF F SHIPPING EXPLOSIVES WITH FALSE
6 MARKINGS OR INVOICE
4
7 750.204 PUB SAF E SENDING EXPLOSIVES WITH INTENT
8 TO INJURE PERSONS
5
9 750.204A PUB SAF F SENDING OR TRANSPORTING IMITA-
10 TION EXPLOSIVE DEVICE WITH
11 MALICIOUS INTENT
4
12 750.205 PUB SAF C PLACING EXPLOSIVES WITH THE
13 INTENT TO DESTROY PROPERTY
15
14 750.205A PUB SAF F INTIMIDATION OR HARASSMENT BY
15 DEVICE REPRESENTED AS AN
16 EXPLOSIVE
4
17 750.206 PERSON B PLACING EXPLOSIVES WITH DAMAGE
18 TO PROPERTY RESULTING
25
19 750.208 PUB SAF C AIDING OR ABETTING EXPLOSIVES
20 PLACEMENT WITH INTENT TO
21 DESTROY PROPERTY
15
22 750.209 PUB SAF C PLACING FOUL OR OFFENSIVE SUB-
23 STANCE TO INJURE
15
24 750.209 PUB SAF F PLACING FOUL OR OFFENSIVE SUB-
25 STANCE TO ALARM
4
26 750.210 PUB SAF E POSSESSION OF BOMBS WITH
27 UNLAWFUL INTENT
5
28 750.210A PUB SAF H SALE OF VALERIUM
5
29 750.211 PUB SAF E MANUFACTURE OF EXPLOSIVES WITH
30 UNLAWFUL INTENT
5
31 750.211A PUB SAF F POSSESSING OR MANUFACTURING
32 DEVICE DESIGNED TO EXPLODE
33 UPON IMPACT OR HEATING
4
34 750.213 PERSON B THREATS TO EXTORT MONEY
20
35 750.218 PROPERTY E FALSE PRETENSES OVER $100
10
00322'97
44
1 750.219A(2)(C) PROPERTY E TELECOMMUNICATIONS FRAUD -- 2
2 PRIOR CONVICTIONS OR VALUE
3 BETWEEN $1,000-$20,000
5
4 750.219A(2)(D) PROPERTY D TELECOMMUNICATIONS FRAUD -- 3
5 OR MORE PRIOR CONVICTIONS OR
6 VALUE OVER OF $20,000
10
7 750.223(2) PUB SAF F SALE OF FIREARM TO MINOR --
8 SECOND OFFENSE
4
9 750.223(3) PUB ORD D SALE OF FIREARM TO PERSON PRO-
10 HIBITED FROM POSSESSING
10
11 750.224 PUB SAF E MANUFACTURE OR SALE OF
12 SILENCER, BOMB, BLACKJACK,
13 AUTOMATIC WEAPON, GAS SPRAY,
14 ETC.
5
15 750.224A PUB SAF F POSSESSION OR SALE OF ELECTRI-
16 CAL CURRENT WEAPONS
4
17 750.224B PUB SAF E POSSESSION OF SHORT BARRELED
18 SHOTGUN OR RIFLE
5
19 750.224C PUB SAF F ARMOR PIERCING AMMUNITION
4
20 750.224D(2) PERSON G USING SELF-DEFENSE SPRAY
21 DEVICE
2
22 750.224E PUB SAF F MANUFACTURE/SALE/POSSESSION OF
23 DEVICES TO CONVERT SEMIAUTO-
24 MATIC WEAPONS
4
25 750.224F PUB SAF E POSSESSION OR SALE OF FIREARM
26 BY FELON
5
27 750.226 PUB SAF E CARRYING FIREARM OR DANGEROUS
28 WEAPON WITH UNLAWFUL INTENT
5
29 750.227 PUB SAF E CARRYING A CONCEALED WEAPON
5
30 750.227A PUB SAF F UNLAWFUL POSSESSION OF PISTOL
4
31 750.227C PUB SAF G POSSESSING A LOADED FIREARM IN
32 OR UPON A VEHICLE
2
33 750.227F PUB SAF F WEARING BODY ARMOR DURING
COM-
34 MISSION OF VIOLENT CRIME
4
35 750.230 PUB SAF G ALTERING ID MARK ON FIREARM
2
36 750.232A(3) PUB SAF G FALSE STATEMENT IN A PISTOL
37 APPLICATION
4
00322'97
45
1 750.234A PUB SAF F DISCHARGING FIREARM FROM
2 VEHICLE
4
3 750.234B PUB SAF F DISCHARGING FIREARM IN OR AT A
4 BUILDING
4
5 750.234C PUB SAF F DISCHARGING FIREARM AT
6 EMERGENCY/POLICE VEHICLE
4
7 750.236 PERSON C SETTING SPRING GUN -- DEATH
8 RESULTING
15
9 750.237A(1) PUB SAF F WEAPON-FREE SCHOOL ZONES --
10 GENERAL FELONY VIOLATIONS
VARIABLE
11 750.241(1) PUB SAF F OBSTRUCTING FIREFIGHTER
4
12 750.241(3) PUB SAF F OBSTRUCTING PUBLIC SERVICE
13 FACILITY PERSONNEL IN CIVIL
14 DISTURBANCE
4
15 750.248 PROPERTY E FORGERY
14
16 750.248A PROPERTY F UTTERING & PUBLISHING FINAN-
17 CIAL TRANSACTION DEVICE
4
18 750.249 PROPERTY E UTTERING & PUBLISHING FORGED
19 RECORDS
14
20 750.249A PROPERTY H MOLDS OR DIES TO FORGE FINAN-
21 CIAL TRANSACTION DEVICE
4
22 750.250 PROPERTY E FORGERY OF TREASURY NOTES
7
23 750.251 PROPERTY E FORGERY OF BANK BILLS
7
24 750.252 PROPERTY E POSSESSING COUNTERFEIT NOTES
7
25 750.253 PROPERTY G UTTERING COUNTERFEIT NOTES
5
26 750.254 PROPERTY E POSSESSION OF COUNTERFEIT
27 NOTES OR BILLS
5
28 750.255 PROPERTY E POSSESSION OF COUNTERFEITING
29 TOOLS
10
30 750.260 PROPERTY E COUNTERFEITING COINS OR POS-
31 SESSION OF 5 OR MORE COUN-
32 TERFEIT COINS
LIFE
33 750.261 PROPERTY E POSSESSION OF 5 OR FEWER COUN-
34 TERFEIT COINS
10
00322'97
46
1 750.262 PROPERTY E MANUFACTURE OR POSSESSION OF
2 TOOLS TO COUNTERFEIT COINS
10
3 750.266 PROPERTY G COUNTERFEITING RAILROAD
4 TICKETS
4
5 750.271 PROPERTY E FRAUDULENTLY ISSUING OR SELL-
6 ING DOMESTIC SECURITIES
10
7 750.272 PROPERTY G SALE OF FRAUDULENT STOCK OF
8 FOREIGN CORPORATIONS
10
9 750.273 PROPERTY E OBTAINING SIGNATURE TO FINAN-
10 CIAL DOCUMENT WITH INTENT TO
11 DEFRAUD
10
12 750.274 PROPERTY E FRAUD -- PURCHASING/COLLECTING
13 ON FRAUDULENT FINANCIAL
14 DOCUMENT
10
15 750.276 PROPERTY G FRAUD -- PROMISE TO VENDEE OF
16 GRAIN AT FICTITIOUS PRICE
4
17 750.277 PUB TRST G PROMISE TO VENDEE OF GRAIN TO
18 SELL AT A FICTITIOUS PRICE
19 -- SALE AND TRANSFER
4
20 750.278 PROPERTY G FRAUD -- WAREHOUSE RECEIPTS
5
21 750.279 PROPERTY G FRAUD -- DISPOSITION OF
22 EXHAUSTED PROPERTY
4
23 750.280 PROPERTY E GROSS FRAUDS/CHEATS AT COMMON
24 LAW
10
25 750.282 PUB ORD G PUBLIC UTILITY -- FRAUDULENT
26 USE OVER $500
4
27 750.300 PUB ORD G ANIMALS -- KILLING/INJURING TO
28 DEFRAUD INSURANCE COMPANY
2
29 750.300A(1)(A) PROPERTY G FOOD STAMP FRAUD -- $250 OR
30 LESS -- SECOND OFFENSE
5
31 750.300A(1)(A) PROPERTY G FOOD STAMP FRAUD -- $250 OR
32 LESS -- THIRD OFFENSE
10
33 750.300A(1)(B) PROPERTY E FOOD STAMP FRAUD -- MORE
THAN
34 $250 TO $1,000
5
35 750.300A(1)(B) PROPERTY E FOOD STAMP FRAUD -- MORE THAN
36 $250 TO $1,000 -- SECOND
37 OFFENSE
10
00322'97
47
1 750.300A(1)(C) PROPERTY E FOOD STAMP FRAUD -- OVER
2 $1,000
10
3 750.303 PUB ORD H GAMBLING -- VIOLATIONS
2
4 750.313 PUB ORD H GAMBLING --
5 STOCKS/BONDS/COMMODITIES
2
6 750.317 PERSON M2 SECOND DEGREE MURDER
LIFE
7 750.321 PERSON C MANSLAUGHTER
15
8 750.322 PERSON C WILLFUL KILLING OF UNBORN
9 QUICK CHILD
15
10 750.323 PERSON C ABORTION RESULTING IN DEATH
15
11 750.324 PERSON G NEGLIGENT HOMICIDE
2
12 750.327 PERSON A HOMICIDE -- DEATH BY
13 EXPLOSIVES/COMMON CARRIER
LIFE
14 750.328 PERSON A HOMICIDE -- BY EXPLOSIVES IN
15 OR NEAR BUILDING
LIFE
16 750.329 PERSON C HOMICIDE -- WEAPON AIMED WITH
17 INTENT BUT NOT MALICE
15
18 750.332 PROPERTY H ENTERING HORSE IN RACE UNDER
19 FALSE NAME
4
20 750.335A PERSON A INDECENT EXPOSURE BY SEXUALLY
21 DELINQUENT PERSON
LIFE
22 750.338 PUB ORD G GROSS INDECENCY BETWEEN MALES
5
23 750.338A PUB ORD G GROSS INDECENCY BETWEEN
24 FEMALES
5
25 750.338B PUB ORD G GROSS INDECENCY BETWEEN MALES
26 AND FEMALES
5
27 750.348 PUB SAF H INCITING INDIANS TO VIOLATE A
28 TREATY
4
29 750.349 PERSON A KIDNAPPING
LIFE
30 750.349A PERSON A PRISONER TAKING A HOSTAGE
LIFE
31 750.350 PERSON A KIDNAPPING -- CHILD ENTICEMENT
LIFE
32 750.350A PERSON H KIDNAPPING -- CUSTODIAL
33 INTERFERENCE
1
00322'97
48
1 750.356 PROPERTY E LARCENY OVER $100
5
2 750.356A PROPERTY G LARCENY FROM A MOTOR VEHICLE
5
3 750.356B PROPERTY G BREAKING AND ENTERING A COIN
4 TELEPHONE
4
5 750.356C PROPERTY H RETAIL FRAUD -- FIRST DEGREE
2
6 750.357 PERSON D LARCENY FROM THE PERSON
10
7 750.357A PROPERTY G LARCENY OF LIVESTOCK
4
8 750.357B PROPERTY E LARCENY -- STEALING FIREARMS
9 OF ANOTHER
5
10 750.358 PROPERTY G LARCENY FROM BURNING BUILDING
5
11 750.360 PROPERTY G LARCENY IN A BUILDING
4
12 750.361 PROPERTY H TRAINS -- STEALING/MALICIOUSLY
13 REMOVING PARTS
2
14 750.362 PROPERTY E LARCENY BY CONVERSION O/$100
5
15 750.362A PROPERTY H LARCENY OF RENTAL PROPERTY
2
16 750.363 PROPERTY E LARCENY BY FALSE PERSONATION
17 OVER $100
5
18 750.365 PERSON D LARCENY FROM CAR OR PERSONS
19 DETAINED OR INJURED BY
20 ACCIDENT
20
21 750.366 PROPERTY G LARCENY OF RAILROAD TICKETS
4
22 750.367 PROPERTY G LARCENY OF TREES & SHRUBS OVER
23 $100
5
24 750.367B PROPERTY E AIRPLANES -- TAKING POSSESSION
5
25 750.372 PUB ORD H LOTTERY -- RUNNING/ALLOWING
2
26 750.373 PUB ORD H LOTTERY -- SELLING/POSSESSING
27 TICKETS
2
28 750.374 PUB ORD H LOTTERY -- SECOND OFFENSE
4
29 750.377A PROPERTY G MALICIOUS DESTRUCTION OF PER-
30 SONAL PROPERTY OVER $100
4
31 750.377B PROPERTY F MALICIOUS DESTRUCTION OF
32 FIRE/POLICE PROPERTY
4
00322'97
49
1 750.377C PROPERTY E SCHOOL BUS -- INTENTIONAL
2 DAMAGE
5
3 750.378 PROPERTY F MALICIOUS DESTRUCTION OF PROP-
4 ERTY -- DAMS/CANALS/ MILLS
4
5 750.379 PROPERTY F MALICIOUS DESTRUCTION OF PROP-
6 ERTY -- BRIDGES/
7 RAILROADS/LOCKS
4
8 750.380 PROPERTY F MALICIOUS DESTRUCTION OF
9 BUILDING OVER $100
4
10 750.383A PROPERTY F MALICIOUS DESTRUCTION OF UTIL-
11 ITY EQUIPMENT
4
12 750.386 PROPERTY E MALICIOUS DESTRUCTION OF MINE
13 PROPERTY
20
14 750.387 PROPERTY G MALICIOUS DESTRUCTION OF TOMBS
15 & MEMORIALS
5
16 750.392 PROPERTY E MALICIOUS DESTRUCTION OF PROP-
17 ERTY -- VESSELS
10
18 750.397 PERSON D MAYHEM
10
19 750.397A PERSON D PLACING HARMFUL OBJECTS IN
20 FOOD
10
21 750.405 PUB SAF E INCITING SOLDIERS TO DESERT
5
22 750.406 PUB SAF E MILITARY STORES -- LARCENY,
23 EMBEZZLEMENT OR DESTRUCTION
5
24 750.410A PERSON G CONSPIRACY TO COMMIT A PERSON
25 TO STATE HOSPITAL UNJUSTLY
4
26 750.411A(1)(B) PUB ORD F FALSE REPORT OF A FELONY
4
27 750.411A(2) PUB ORD F FALSE REPORT OF A BOMBING OR
28 THREAT TO BOMB
4
29 750.411B PUB TRST G EXCESS FEES TO MEMBERS OF
30 LEGISLATURE
4
31 750.411H(2)(B) PERSON E STALKING OF A MINOR
5
32 750.411I(3)(A) PERSON E AGGRAVATED STALKING
5
00322'97
50
1 750.411I(3)(B) PERSON D AGGRAVATED STALKING OF A MINOR
10
2 750.411l PUB ORD H MONEY LAUNDERING --
FOURTH
3 DEGREE
2
4 750.411M PUB ORD E MONEY LAUNDERING -- THIRD
5 DEGREE
5
6 750.411N PUB ORD D MONEY LAUNDERING -- SECOND
7 DEGREE
10
8 750.411O PUB ORD B MONEY LAUNDERING -- FIRST
9 DEGREE
20
10 750.411P(2)(A) PROPERTY B MONEY LAUNDERING -- $10,000+
11 PROCEEDS FROM CONTROLLED
12 SUBSTANCE OFFENSE
20
13 750.411P(2)(B) PROPERTY D MONEY LAUNDERING -- PROCEEDS
14 FROM CONTR. SUB. OFFENSE OR
15 OTHER $10,000+
10
16 750.411P(2)(C) PROPERTY E MONEY LAUNDERING -- TRANSAC-
17 TIONS INVOLVING REPRESENTED
18 PROCEEDS
5
19 750.413 PROPERTY E UNLAWFUL DRIVING AWAY OF AN
20 AUTOMOBILE
5
21 750.414 PROPERTY H UNLAWFUL USE OF AN AUTOMOBILE
2
22 750.415(2) PROPERTY G MOTOR VEHICLES --
23 CONCEAL/MISREPRESENT IDEN-
24 TITY W/INTENT TO MISLEAD
4
25 750.417 PROPERTY H MOTOR VEHICLE -- MORTGAGED --
26 REMOVAL FROM STATE
4
27 750.418 PROPERTY H REMOVING A VEHICLE OUT OF
28 STATE -- CONDITIONAL
29 CONTRACT -- W/O CONSENT OF
30 VENDOR
4
00322'97
51
1 750.420 PUB SAF H MOTOR VEHICLE -- EQUIPPING TO
2 RELEASE SMOKE/GAS
4
3 750.421 PUB SAF H MOTOR VEHICLE -- DESIGNED FOR
4 ATTACK
5
5 750.421B PUB SAF H HINDER TRANSPORT OF
6 FARM/COMMERCIAL PRODUCTS --
7 SECOND OFFENSE
2
8 750.422 PUB TRST G PERJURY -- COMMITTED IN
9 COURT/CAPITAL CRIME
LIFE
10 750.422 PUB TRST G PERJURY -- COMMITTED IN
11 COURT/NONCAPITAL CRIME
15
12 750.423 PUB TRST E PERJURY
15
13 750.424 PUB TRST E SUBORNATION OF PERJURY
15
14 750.425 PUB TRST E INCITING OR PROCURING PERJURY
5
15 750.436(1) PERSON E POISONING FOOD/DRINK/WELLS
5
16 750.436(2) PERSON A POISON --
17 FOOD/DRINK/MEDICINE/WELLS --
18 LARGE AMOUNTS/INJURY
LIFE
19 750.436(3) PUB SAF H POISON -- MALICIOUS FALSE
20 STATEMENT OF POISONING
2
21 750.439 PUB ORD G POLYGAMY
4
22 750.440 PUB ORD G POLYGAMY -- KNOWINGLY ENTERING
23 A PROHIBITED MARRIAGE
4
24 750.441 PUB ORD G TEACHING OR ADVOCATING
25 POLYGAMY
4
00322'97
52
1 750.442 PUB ORD G PARTICIPATING IN PRIZEFIGHTS
4
2 750.443 PUB ORD G PRIZEFIGHTS -- TRAINING
4
3 750.451 PUB ORD G PROSTITUTION -- VARIOUS
4 OFFENSES THIRD OFFENSE
2
5 750.452 PUB ORD E KEEPING A HOUSE OF
6 PROSTITUTION
5
7 750.455 PUB ORD G PANDERING
20
8 750.456 PERSON B PLACING SPOUSE INTO
9 PROSTITUTION
20
10 750.457 PUB ORD G ACCEPTING EARNINGS OF A
11 PROSTITUTE
20
12 750.458 PERSON B PROSTITUTION -- DETAINING
13 FEMALE FOR DEBT
20
14 750.459 PERSON B TRANSPORTING A FEMALE FOR
15 PROSTITUTION
20
16 750.479 PERSON G RESISTING OR OBSTRUCTING A
17 PEACE OFFICER
2
18 750.479A(2) PUB SAF G FLEEING & ELUDING -- FOURTH
19 DEGREE
2
20 750.479A(3) PUB SAF E FLEEING & ELUDING -- THIRD
21 DEGREE
5
22 750.479A(4) PERSON D FLEEING & ELUDING -- SECOND
23 DEGREE
10
24 750.479A(5) PERSON C FLEEING & ELUDING -- FIRST
25 DEGREE
15
00322'97
53
1 750.479A(6) PERSON H ASSAULTING PEACE OFFICER
2
2 750.479B(1) PERSON F DISARMING PEACE OFFICER --
3 NON-FIREARM
4
4 750.479B(2) PERSON D DISARMING PEACE OFFICER-
5 FIREARM
10
6 750.480 PUB TRST F PUBLIC OFFICERS -- REFUSING TO
7 TURN OVER BOOKS/MONEY TO
8 SUCCESSOR
4
9 750.488 PUB TRST H PUBLIC OFFICERS -- STATE OFFI-
10 CIAL -- RETAINING FEES
2
11 750.490 PUB TRST H PUBLIC MONEY -- SAFE KEEPING
2
12 750.491 PUB TRST H PUBLIC RECORDS --
13 REMOVAL/MUTILATION/DESTRUCTION
14
2
15 750.492A(1)(A) PUB TRST G MEDICAL RECORD -- INTENTIONAL
16 PLACE FALSE INFO -- HEALTH
17 CARE PROVIDER
4
18 750.492A(2) PUB TRST G MEDICAL RECORD -- HEALTH CARE
19 PROVIDER ALTER CONCEAL
20 INJURY/DEATH
4
21 750.495A(2) PERSON F CONCEALING OBJECTS IN TREES OR
22 WOOD PRODUCTS -- CAUSING
23 INJURY
4
24 750.495A(3) PERSON C CONCEALING OBJECTS IN TREES OR
25 WOOD PRODUCTS -- CAUSING
26 DEATH
15
27 750.505 PUB ORD E COMMON LAW OFFENSES
5
28 750.511 PERSON A RAILROADS --
BLOCKING/WRECKING
29 TRACK
LIFE
00322'97
54
1 750.512 PROPERTY E RAILROADS -- UNCOUPLING CARS
2 (WILLFUL AND MALICIOUS)
10
3 750.513 PROPERTY H RAILROADS -- ISSUING FRAUDU-
4 LENT SECURITIES
10
5 750.514 PROPERTY H RAILROADS -- SEIZING LOCOMO-
6 TIVE WITH MAIL CAR
10
7 750.516 PERSON C RAILROADS -- STOPPING TRAIN TO
8 ROB
LIFE
9 750.517 PERSON C RAILROADS -- BOARDING TRAIN TO
10 ROB
LIFE
11 750.520B PERSON A FIRST DEGREE CRIMINAL SEXUAL
12 CONDUCT
LIFE
13 750.520C PERSON C SECOND DEGREE CRIMINAL SEXUAL
14 CONDUCT
15
15 750.520D PERSON C THIRD DEGREE CRIMINAL SEXUAL
16 CONDUCT
15
17 750.520E PERSON G FOURTH DEGREE CRIMINAL SEXUAL
18 CONDUCT
2
19 750.520G(1) PERSON D ASSAULT WITH INTENT TO COMMIT
20 SEXUAL PENETRATION
10
21 750.520G(2) PERSON E ASSAULT WITH INTENT TO COMMIT
22 SEXUAL CONTACT
5
23 750.528 PUB SAF F DESTROYING DWELLING HOUSE OR
24 OTHER PROPERTY
4
25 750.528A PUB SAF F CIVIL DISORDERS --
26 FIREARMS/EXPLOSIVES
4
27 750.529 PERSON A ARMED ROBBERY
LIFE
00322'97
55
1 750.529A PERSON A CARJACKING
LIFE
2 750.530 PERSON C UNARMED ROBBERY
15
3 750.531 PERSON C BANK ROBBERY/SAFEBREAKING
LIFE
4 750.532 PERSON H SEDUCTION
5
5 750.535 PROPERTY E RECEIVING OR CONCEALING STOLEN
6 PROPERTY OVER $100
5
7 750.535A PUB ORD E OPERATING A CHOP SHOP
5
8 750.535B PUB SAF E STOLEN FIREARMS OR AMMUNITION
10
9 750.539C PUB ORD H EAVESDROPPING
2
10 750.539D PUB ORD H EAVESDROPPING -- INSTALLING
11 DEVICE
2
12 750.539E PUB ORD H DIVULGING INFORMATION OBTAINED
13 BY EAVESDROPPING
2
14 750.539F PUB ORD H EAVESDROPPING --
15 MANUFACTURE/POSSESSION OF
16 DEVICE
2
17 750.540 PUB ORD H TELEPHONE -- TAPPING/CUTTING
18 LINES
2
19 750.540C(3) PROPERTY F TELECOMMUNICATIONS & COMPUTER
20 -- MANUFACTURE OR DELIVER
21 COUNTERFEIT COMMUNICATIONS
4
22 750.540F(2) PROPERTY E TELECOMMUNICATIONS & COMPUTER
23 -- KNOWINGLY PUBLISHING
24 COUNTERFEIT DEVISES --
25 SECOND CONVICTION
5
00322'97
56
1 750.540G(1)(C) PROPERTY E TELECOMMUNICATIONS --
2 DIVERTING VALUE
3 $1,000-$20,000 OR PRIORS
5
4 750.540G(1)(D) PROPERTY D TELECOMMUNICATIONS -- DIVERT-
5 ING VALUE >$20,000 OR PRIORS
10
6 750.545 PUB ORD E MISPRISION OF TREASON
5
7 750.552B PROPERTY F TRESPASSING ON CORRECTIONAL
8 FACILITY PROPERTY
4
9 SEC. 17. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES
10 ENUMERATED IN CHAPTERS 751 TO 830 OF THE MICHIGAN COMPILED LAWS:
11 M.C.L. CATEGORY CLASS DESCRIPTION
STAT MAX
12 752.191 PUB SAF G FELONIOUS DRIVING
2
13 752.365(3) PUB ORD G OBSCENITY -- SECOND OFFENSE
2
14 752.541 PUB SAF D RIOT
10
15 752.542 PUB SAF D INCITEMENT TO RIOT
10
16 752.542A PUB SAF D RIOT IN STATE CORRECTIONAL
17 FACILITIES
10
18 752.543 PUB SAF G UNLAWFUL ASSEMBLY
5
19 752.701 PROPERTY H DESTRUCTION OR REMOVAL OF
20 TIMBER
1
21 752.797(1)(C) PROPERTY E COMPUTER FRAUD -- 2 PRIOR CON-
22 VICTIONS OR VALUE BETWEEN
23 $1,000 AND $20,000
5
24 752.797(1)(D) PROPERTY D COMPUTER FRAUD -- 3 OR MORE
25 PRIOR CONVICTIONS OR VALUE
26 OVER $20,000
10
27 752.802 PROPERTY H VENDING MACHINES --
28 MANUFACTURE/SALE OF SLUGS
5
29 752.811 PROPERTY H BREAKING AND ENTERING A COIN
30 OPERATED DEVICE
3
00322'97
57
1 752.861 PERSON G CARELESS DISCHARGE OF FIREARM
2 CAUSING INJURY OR DEATH
2
3 752.881 PERSON G RECKLESS USE OF BOW & ARROW
4 RESULTING IN INJURY OR DEATH
2
5 752.1003 PROPERTY F HEALTH CARE FRAUD -- FALSE
6 CLAIM/STATE, UNNECESSARY,
7 CONCEAL INFO
4
8 752.1004 PROPERTY F HEALTH CARE FRAUD --
9 KICKBACKS/REFERRAL FEES
4
10 752.1005 PROPERTY H HEALTH CARE FRAUD --
11 CONSPIRACY
10
12 752.1006 PROPERTY D HEALTH CARE FRAUD -- SECOND
13 OFFENSE
20
14 752.1027 PERSON F ASSISTED SUICIDE
4
15 752.1054(2) PROPERTY G COPYING AUDIO/VIDEO RECORDINGS
16 FOR GAIN
5
17 764.1E PUB TRST C PEACE OFFICER -- FALSE STATE-
18 MENT IN A COMPLAINT
15
19 767.4A PUB TRST F DISCLOSING OR POSSESSING GRAND
20 JURY INFORMATION
4
21 800.281(1) PUB SAF H FURNISHING PRISONER WITH
22 CONTRABAND
5
23 800.281(2) PUB SAF H FURNISHING PRISONER
24 W/CONTRABAND OUTSIDE
5
25 800.281(3) PUB SAF H BRINGING CONTRABAND INTO
26 PRISONS
5
27 800.281(4) PUB SAF E PRISONER POSSESSING CONTRABAND
5
28 800.283(1) PUB SAF E FURNISHING WEAPON TO PRISONER
29 IN PRISON
5
30 800.283(2) PUB SAF E PRISONS -- KNOWLEDGE OF A
31 WEAPON IN A CORRECTIONAL
32 FACILITY
5
33 800.283(3) PUB SAF E BRINGING WEAPON INTO PRISON
5
34 800.283(4) PUB SAF E PRISONER POSSESSING WEAPON
5
00322'97
58
1 SEC. 18. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES:
2
3 M.C.L. CATEGORY DESCRIPTION
STAT MAX
4 333.7410 CS CONTROLLED SUBSTANCE DELIVERY
5 OR DISTRIBUTION TO MINORS OR
6 STUDENTS
VARIABLE
7 333.7413(2) OR (3) PUB TRST SUBSEQUENT CONTROLLED SUB-
8 STANCE VIOLATIONS
VARIABLE
9 333.7416(1)(A) CS RECRUITING OR INDUCING A MINOR
10 TO COMMIT A CONTROLLED SUB-
11 STANCE FELONY
VARIABLE
12 750.157A(A) PUB SAF CONSPIRACY
VARIABLE
13 750.157C PERSON INDUCING MINOR TO COMMIT A
14 FELONY
VARIABLE
15 750.188 PUB ORD VOLUNTARILY SUFFERING PRISONER
16 TO ESCAPE
VARIABLE
17 750.367A PROPERTY LARCENY OF RATIONED GOODS
VARIABLE
18 SEC. 19. (1) THIS CHAPTER APPLIES TO AN ATTEMPT TO COMMIT
19 AN OFFENSE ENUMERATED IN THIS PART IF THE ATTEMPTED VIOLATION IS
20 A FELONY. THIS CHAPTER DOES NOT APPLY TO AN ATTEMPT TO COMMIT A
21 CLASS H OFFENSE ENUMERATED IN THIS PART.
22 (2) FOR AN ATTEMPT TO COMMIT AN OFFENSE ENUMERATED IN THIS
23 PART, THE OFFENSE CATEGORY IS THE SAME AS THE ATTEMPTED OFFENSE.
24 (3) FOR AN ATTEMPT TO COMMIT AN OFFENSE ENUMERATED IN THIS
25 PART, THE CLASS IS AS FOLLOWS:
26 (A) CLASS E IF THE ATTEMPTED OFFENSE IS IN CLASS A, B, C, OR
27 D.
00322'97
59
1 (B) CLASS H IF THE ATTEMPTED OFFENSE IS IN CLASS E, F, OR G.
2 PART 3
3 SCORING INSTRUCTIONS FOR SENTENCING GUIDELINES
4 SEC. 21. (1) FOR AN OFFENSE ENUMERATED IN PART 2 OF THIS
5 CHAPTER, DETERMINE THE RECOMMENDED MINIMUM SENTENCE RANGE AS
6 FOLLOWS:
7 (A) FIND THE OFFENSE CATEGORY FOR THE OFFENSE FROM PART 2 OF
8 THIS CHAPTER. FROM SECTION 22 OF THIS CHAPTER, DETERMINE THE
9 OFFENSE VARIABLES TO BE SCORED FOR THAT OFFENSE CATEGORY AND
10 SCORE ONLY THOSE OFFENSE VARIABLES FOR THE OFFENDER AS PROVIDED
11 IN PART 4 OF THIS CHAPTER. TOTAL THOSE POINTS TO DETERMINE THE
12 OFFENDER'S OFFENSE VARIABLE LEVEL.
13 (B) SCORE ALL PRIOR RECORD VARIABLES FOR THE OFFENDER AS
14 PROVIDED IN PART 5 OF THIS CHAPTER. TOTAL THOSE POINTS TO DETER-
15 MINE THE OFFENDER'S PRIOR RECORD VARIABLE LEVEL.
16 (C) FIND THE OFFENSE CLASS FOR THE OFFENSE FROM PART 2 OF
17 THIS CHAPTER. USING THE SENTENCING GRID FOR THAT OFFENSE CLASS
18 IN PART 6 OF THIS CHAPTER, DETERMINE THE RECOMMENDED MINIMUM SEN-
19 TENCE RANGE FROM THE INTERSECTION OF THE OFFENDER'S OFFENSE VARI-
20 ABLE LEVEL AND PRIOR RECORD VARIABLE LEVEL. THE RECOMMENDED MIN-
21 IMUM SENTENCE WITHIN A SENTENCING GRID IS SHOWN AS A RANGE OF
22 MONTHS OR LIFE.
23 (2) IF THE DEFENDANT WAS CONVICTED OF MULTIPLE OFFENSES,
24 SCORE THE APPLICABLE OFFENSE VARIABLES FOR THE OFFENSE WITH THE
25 HIGHEST STATUTORY MAXIMUM SENTENCE. IF THE HIGHEST STATUTORY
26 MAXIMUM APPLIES TO 2 OR MORE OF THE MULTIPLE OFFENSES, THE
27 OFFENSE VARIABLES FOR ANY 1 OF THOSE OFFENSES MAY BE SCORED UNDER
00322'97
60
1 THIS SECTION. IF A CONSECUTIVE SENTENCE IS REQUIRED OR ALLOWED
2 FOR 1 OR MORE OF THE MULTIPLE OFFENSES, THE OFFENSE VARIABLES FOR
3 EACH OFFENSE TO BE SENTENCED CONSECUTIVELY SHALL BE SCORED UNDER
4 THIS SECTION.
5 (3) IF THE OFFENDER IS BEING SENTENCED UNDER SECTION 10, 11,
6 OR 12 OF CHAPTER IX, DETERMINE THE OFFENSE CATEGORY, OFFENSE
7 CLASS, OFFENSE VARIABLE LEVEL, AND PRIOR RECORD VARIABLE LEVEL
8 BASED ON THE UNDERLYING OFFENSE. TO DETERMINE THE RECOMMENDED
9 MINIMUM SENTENCE RANGE, INCREASE THE UPPER LIMIT OF THE RECOM-
10 MENDED MINIMUM SENTENCE RANGE DETERMINED UNDER PART 6 FOR THE
11 UNDERLYING OFFENSE AS FOLLOWS:
12 (A) IF THE OFFENDER IS BEING SENTENCED FOR A SECOND FELONY,
13 25%.
14 (B) IF THE OFFENDER IS BEING SENTENCED FOR A THIRD FELONY,
15 50%.
16 (C) IF THE OFFENDER IS BEING SENTENCED FOR A FOURTH OR SUB-
17 SEQUENT FELONY, 100%.
18 (4) IF THE OFFENDER IS BEING SENTENCED FOR A VIOLATION
19 DESCRIBED IN SECTION 18 OF THIS CHAPTER, DETERMINE THE OFFENSE
20 CLASS, OFFENSE VARIABLE LEVEL, AND PRIOR RECORD VARIABLE LEVEL
21 BASED ON THE UNDERLYING OFFENSE.
22 (5) IF THE OFFENDER IS BEING SENTENCED FOR AN ATTEMPTED
23 FELONY DESCRIBED IN SECTION 19 OF THIS CHAPTER, DETERMINE THE
24 OFFENSE VARIABLE LEVEL BASED ON THE UNDERLYING ATTEMPTED
25 OFFENSE.
26 SEC. 22. (1) FOR ALL CRIMES AGAINST A PERSON, SCORE OFFENSE
27 VARIABLES 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, AND 19. SCORE
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1 OFFENSE VARIABLES 5 AND 6 FOR HOMICIDE OR ATTEMPTED HOMICIDE.
2 SCORE OFFENSE VARIABLE 16 UNDER THIS SUBSECTION FOR A VIOLATION
3 OR ATTEMPTED VIOLATION OF SECTION 110A OF THE MICHIGAN PENAL
4 CODE, 1931 PA 328, MCL 750.110A. SCORE OFFENSE VARIABLES 17 AND
5 18 IF AN ELEMENT OF THE OFFENSE OR ATTEMPTED OFFENSE INVOLVES THE
6 OPERATION OF A VEHICLE, VESSEL, AIRCRAFT, OR LOCOMOTIVE.
7 (2) FOR ALL CRIMES AGAINST PROPERTY, SCORE OFFENSE VARIABLES
8 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, AND 19.
9 (3) FOR ALL CRIMES INVOLVING A CONTROLLED SUBSTANCE, SCORE
10 OFFENSE VARIABLES 1, 2, 3, 12, 13, 14, 15, AND 19.
11 (4) FOR ALL CRIMES AGAINST PUBLIC ORDER AND ALL CRIMES
12 AGAINST PUBLIC TRUST, SCORE OFFENSE VARIABLES 1, 3, 4, 9, 10, 12,
13 13, 14, 16, AND 19.
14 (5) FOR ALL CRIMES AGAINST PUBLIC SAFETY, SCORE OFFENSE
15 VARIABLES 1, 3, 4, 9, 10, 12, 13, 14, 16, AND 19. SCORE OFFENSE
16 VARIABLE 18 IF AN ELEMENT OF THE OFFENSE INVOLVES THE OPERATION
17 OF A VEHICLE, VESSEL, AIRCRAFT, OR LOCOMOTIVE.
18 PART 4
19 OFFENSE VARIABLES
20 SEC. 31. (1) OFFENSE VARIABLE 1 IS AGGRAVATED USE OF A
21 WEAPON. SCORE OFFENSE VARIABLE 1 BY DETERMINING WHICH OF THE
22 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT-
23 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
24 (A) A FIREARM WAS DISCHARGED AT OR TOWARD A HUMAN
25 BEING OR A VICTIM WAS CUT OR STABBED WITH A KNIFE OR
26 OTHER CUTTING OR STABBING WEAPON...................... 25 POINTS
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1 (B) A FIREARM WAS POINTED AT OR TOWARD A VICTIM
2 OR THE VICTIM HAD A REASONABLE APPREHENSION OF AN
3 IMMEDIATE BATTERY WHEN THREATENED WITH A KNIFE OR
4 OTHER CUTTING OR STABBING WEAPON...................... 15 POINTS
5 (C) THE VICTIM WAS TOUCHED BY ANY OTHER TYPE OF
6 WEAPON................................................ 10 POINTS
7 (D) A WEAPON WAS DISPLAYED OR IMPLIED............ 5 POINTS
8 (E) NO AGGRAVATED USE OF A WEAPON OCCURRED....... 0 POINTS
9 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
10 1:
11 (A) COUNT EACH PERSON WHO WAS PLACED IN DANGER OR INJURY OR
12 LOSS OF LIFE AS A VICTIM.
13 (B) IN MULTIPLE OFFENDER CASES, IF 1 OFFENDER IS ASSESSED
14 POINTS FOR THE PRESENCE OR USE OF A WEAPON, ALL OFFENDERS SHALL
15 BE ASSESSED THE SAME NUMBER OF POINTS.
16 (C) SCORE 5 POINTS IF AN OFFENDER USED AN OBJECT TO SUGGEST
17 THE PRESENCE OF A WEAPON.
18 (D) DO NOT SCORE 5 POINTS IF THE CONVICTION OFFENSE IS A
19 VIOLATION OF SECTION 82 OR 529 OF THE MICHIGAN PENAL CODE, 1931
20 PA 328, MCL 750.82 AND 750.529.
21 SEC. 32. (1) OFFENSE VARIABLE 2 IS LETHAL POTENTIAL OF THE
22 WEAPON POSSESSED. SCORE OFFENSE VARIABLE 2 BY DETERMINING WHICH
23 OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS
24 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
25 (A) THE OFFENDER POSSESSED AN INCENDIARY DEVICE,
26 AN EXPLOSIVE DEVICE, OR A FULLY AUTOMATIC WEAPON...... 15 POINTS
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1 (B) THE OFFENDER POSSESSED A SHORT BARRELED RIFLE
2 OR A SHORT BARRELED SHOTGUN........................... 10 POINTS
3 (C) THE OFFENDER POSSESSED A PISTOL, RIFLE, SHOT-
4 GUN, OR KNIFE OR OTHER CUTTING OR STABBING WEAPON..... 5 POINTS
5 (D) THE OFFENDER POSSESSED ANY OTHER POTENTIALLY
6 LETHAL WEAPON......................................... 1 POINT
7 (E) THE OFFENDER POSSESSED NO WEAPON............. 0 POINTS
8 (2) IN MULTIPLE OFFENDER CASES, IF 1 OFFENDER IS ASSESSED
9 POINTS FOR POSSESSING A WEAPON, ALL OFFENDERS SHALL BE ASSESSED
10 THE SAME NUMBER OF POINTS.
11 (3) AS USED IN THIS SECTION:
12 (A) "FULLY AUTOMATIC WEAPON" MEANS A FIREARM EMPLOYING GAS
13 PRESSURE OR FORCE OF RECOIL OR OTHER MEANS TO EJECT AN EMPTY CAR-
14 TRIDGE FROM THE FIREARM AFTER A SHOT, AND TO LOAD AND FIRE THE
15 NEXT CARTRIDGE FROM THE MAGAZINE, WITHOUT RENEWED PRESSURE ON THE
16 TRIGGER FOR EACH SUCCESSIVE SHOT.
17 (B) "PISTOL", "RIFLE", OR "SHOTGUN" INCLUDES A REVOLVER,
18 SEMI-AUTOMATIC PISTOL, RIFLE, SHOTGUN, COMBINATION RIFLE AND
19 SHOTGUN, OR OTHER FIREARM MANUFACTURED IN OR AFTER 1898 THAT
20 FIRES FIXED AMMUNITION, BUT DOES NOT INCLUDE A FULLY AUTOMATIC
21 WEAPON OR SHORT-BARRELED SHOTGUN OR SHORT-BARRELED RIFLE.
22 (C) "INCENDIARY DEVICE" INCLUDES GASOLINE OR ANY OTHER FLAM-
23 MABLE SUBSTANCE, A BLOWTORCH, FIRE BOMB, MOLOTOV COCKTAIL, OR
24 OTHER SIMILAR DEVICE.
25 SEC. 33. (1) OFFENSE VARIABLE 3 IS PHYSICAL INJURY TO A
26 VICTIM. SCORE OFFENSE VARIABLE 3 BY DETERMINING WHICH OF THE
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1 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS
2 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
3 (A) A VICTIM WAS KILLED.......................... 100 POINTS
4 (B) LIFE THREATENING OR PERMANENT INCAPACITATING
5 INJURY OCCURRED TO A VICTIM........................... 25 POINTS
6 (C) BODILY INJURY REQUIRING MEDICAL TREATMENT
7 OCCURRED TO A VICTIM.................................. 10 POINTS
8 (D) BODILY INJURY NOT REQUIRING MEDICAL TREATMENT
9 OCCURRED TO A VICTIM.................................. 5 POINTS
10 (E) NO PHYSICAL INJURY OCCURRED TO A VICTIM...... 0 POINTS
11 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
12 3:
13 (A) IN MULTIPLE OFFENDER CASES, IF 1 OFFENDER IS ASSESSED
14 POINTS FOR DEATH OR PHYSICAL INJURY, ALL OFFENDERS SHALL BE
15 ASSESSED THE SAME NUMBER OF POINTS.
16 (B) SCORE 100 POINTS IF DEATH RESULTS FROM THE COMMISSION OF
17 A CRIME AND HOMICIDE IS NOT THE SENTENCING OFFENSE.
18 (C) DO NOT SCORE 5 POINTS IF BODILY INJURY IS AN ELEMENT OF
19 THE SENTENCING OFFENSE.
20 (3) AS USED IN THIS SECTION, "REQUIRING MEDICAL TREATMENT"
21 REFERS TO THE NECESSITY FOR TREATMENT AND NOT THE VICTIM'S SUC-
22 CESS IN OBTAINING TREATMENT.
23 SEC. 34. (1) OFFENSE VARIABLE 4 IS PSYCHOLOGICAL INJURY TO
24 A VICTIM. SCORE OFFENSE VARIABLE 4 BY DETERMINING WHICH OF THE
25 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT-
26 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
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1 (A) SERIOUS PSYCHOLOGICAL INJURY REQUIRING
2 PROFESSIONAL TREATMENT OCCURRED TO A VICTIM........... 10 POINTS
3 (B) NO SERIOUS PSYCHOLOGICAL INJURY REQUIRING
4 PROFESSIONAL TREATMENT OCCURRED TO A VICTIM........... 0 POINTS
5 (2) SCORE 10 POINTS IF THE SERIOUS PSYCHOLOGICAL INJURY MAY
6 REQUIRE PROFESSIONAL TREATMENT. IN MAKING THIS DETERMINATION,
7 THE FACT THAT TREATMENT HAS NOT BEEN SOUGHT IS NOT CONCLUSIVE.
8 SEC. 35. (1) OFFENSE VARIABLE 5 IS PSYCHOLOGICAL INJURY TO
9 A MEMBER OF A VICTIM'S FAMILY. SCORE OFFENSE VARIABLE 5 BY
10 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE
11 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST
12 NUMBER OF POINTS:
13 (A) SERIOUS PSYCHOLOGICAL INJURY REQUIRING PRO-
14 FESSIONAL TREATMENT OCCURRED TO A HOMICIDE VICTIM'S
15 FAMILY................................................ 15 POINTS
16 (B) NO SERIOUS PSYCHOLOGICAL INJURY REQUIRING
17 PROFESSIONAL TREATMENT OCCURRED TO A HOMICIDE VICTIM'S
18 FAMILY................................................ 0 POINTS
19 (2) SCORE 15 POINTS IF THE SERIOUS PSYCHOLOGICAL INJURY TO
20 THE VICTIM'S FAMILY MAY REQUIRE PROFESSIONAL TREATMENT. IN
21 MAKING THIS DETERMINATION, THE FACT THAT TREATMENT HAS NOT BEEN
22 SOUGHT IS NOT CONCLUSIVE.
23 SEC. 36. (1) OFFENSE VARIABLE 6 IS THE OFFENDER'S INTENT TO
24 KILL OR INJURE ANOTHER INDIVIDUAL. SCORE OFFENSE VARIABLE 6 BY
25 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE
26 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST
27 NUMBER OF POINTS:
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1 (A) THE OFFENDER HAD PREMEDITATED INTENT TO KILL
2 OR THE KILLING WAS COMMITTED WHILE COMMITTING OR
3 ATTEMPTING TO COMMIT ARSON, CRIMINAL SEXUAL CONDUCT IN
4 THE FIRST OR THIRD DEGREE, CHILD ABUSE IN THE FIRST
5 DEGREE, A MAJOR CONTROLLED SUBSTANCE OFFENSE, ROBBERY,
6 BREAKING AND ENTERING OF A DWELLING, HOME INVASION IN
7 THE FIRST OR SECOND DEGREE, LARCENY OF ANY KIND,
8 EXTORTION, OR KIDNAPPING OR THE KILLING WAS THE MURDER
9 OF A PEACE OFFICER OR A CORRECTIONS OFFICER........... 50 POINTS
10 (B) THE OFFENDER HAD UNPREMEDITATED INTENT TO
11 KILL, THE INTENT TO DO GREAT BODILY HARM, OR CREATED A
12 VERY HIGH RISK OF DEATH OR GREAT BODILY HARM KNOWING
13 THAT DEATH OR GREAT BODILY HARM WAS THE PROBABLE
14 RESULT................................................ 25 POINTS
15 (C) THE OFFENDER HAD INTENT TO INJURE OR THE KIL-
16 LING WAS COMMITTED IN AN EXTREME EMOTIONAL STATE
17 CAUSED BY AN ADEQUATE PROVOCATION AND BEFORE A REASON-
18 ABLE AMOUNT OF TIME ELAPSED FOR THE OFFENDER TO CALM
19 OR THERE WAS GROSS NEGLIGENCE AMOUNTING TO AN UNREA-
20 SONABLE DISREGARD FOR LIFE............................ 10 POINTS
21 (D) THE OFFENDER HAD NO INTENT TO KILL OR INJURE. 0 POINTS
22 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
23 6.
24 (A) THE SENTENCING JUDGE SHALL SCORE THIS VARIABLE CONSIS-
25 TENT WITH A JURY VERDICT UNLESS THE JUDGE HAS INFORMATION THAT
26 WAS NOT PRESENTED TO THE JURY.
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1 (B) SCORE 10 POINTS IF A KILLING IS INTENTIONAL WITHIN THE
2 DEFINITION OF SECOND DEGREE MURDER OR VOLUNTARY MANSLAUGHTER, BUT
3 THE DEATH OCCURRED IN A COMBATIVE SITUATION OR IN RESPONSE TO
4 VICTIMIZATION OF THE OFFENDER BY THE DECEDENT.
5 SEC. 37. (1) OFFENSE VARIABLE 7 IS AGGRAVATED PHYSICAL
6 ABUSE. SCORE OFFENSE VARIABLE 7 BY DETERMINING WHICH OF THE FOL-
7 LOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE
8 TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
9 (A) A VICTIM WAS TREATED WITH TERRORISM, SADISM,
10 TORTURE, OR EXCESSIVE BRUTALITY....................... 50 POINTS
11 (B) NO VICTIM WAS TREATED WITH TERRORISM, SADISM,
12 TORTURE, OR EXCESSIVE BRUTALITY....................... 0 POINTS
13 (2) AS USED IN THIS SECTION:
14 (A) "TERRORISM" MEANS CONDUCT DESIGNED TO SUBSTANTIALLY
15 INCREASE THE FEAR AND ANXIETY A VICTIM SUFFERS DURING THE
16 OFFENSE.
17 (B) "SADISM" MEANS CONDUCT THAT SUBJECTS A VICTIM TO EXTREME
18 OR PROLONGED PAIN OR HUMILIATION AND IS INFLICTED TO PRODUCE SUF-
19 FERING OR FOR THE OFFENDER'S GRATIFICATION.
20 SEC. 38. (1) OFFENSE VARIABLE 8 IS VICTIM ASPORTATION OR
21 CAPTIVITY. SCORE OFFENSE VARIABLE 8 BY DETERMINING WHICH OF THE
22 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT-
23 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
24 (A) A VICTIM WAS ASPORTATED TO ANOTHER PLACE OF
25 GREATER DANGER OR TO A SITUATION OF GREATER DANGER OR
26 WAS HELD CAPTIVE BEYOND THE TIME NECESSARY TO COMMIT
27 THE OFFENSE........................................... 15 POINTS
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1 (B) NO VICTIM WAS ASPORTATED OR HELD CAPTIVE..... 0 POINTS
2 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
3 8:
4 (A) COUNT EACH PERSON WHO WAS PLACED IN DANGER OF INJURY OR
5 LOSS OF LIFE AS A VICTIM.
6 (B) SCORE 0 POINTS IF THE SENTENCING OFFENSE IS KIDNAPPING.
7 SEC. 39. (1) OFFENSE VARIABLE 9 IS NUMBER OF VICTIMS.
8 SCORE OFFENSE VARIABLE 9 BY DETERMINING WHICH OF THE FOLLOWING
9 APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE
10 ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
11 (A) MULTIPLE DEATHS OCCURRED..................... 100 POINTS
12 (B) THERE WERE 10 OR MORE VICTIMS................ 25 POINTS
13 (C) THERE WERE 2 TO 9 VICTIMS.................... 10 POINTS
14 (D) THERE WERE FEWER THAN 2 VICTIMS.............. 0 POINTS
15 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
16 9:
17 (A) COUNT EACH PERSON WHO WAS PLACED IN DANGER OF INJURY OR
18 LOSS OF LIFE AS A VICTIM.
19 (B) SCORE 100 POINTS ONLY IN HOMICIDE CASES.
20 SEC. 40. (1) OFFENSE VARIABLE 10 IS EXPLOITATION OF A VUL-
21 NERABLE VICTIM. SCORE OFFENSE VARIABLE 10 BY DETERMINING WHICH
22 OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS
23 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
24 (A) PREDATORY CONDUCT WAS INVOLVED............... 15 POINTS
25 (B) THE OFFENDER EXPLOITED A VICTIM'S PHYSICAL
26 DISABILITY, MENTAL DISABILITY, YOUTH OR AGEDNESS, OR A
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1 DOMESTIC RELATIONSHIP, OR THE OFFENDER ABUSED HIS OR
2 HER AUTHORITY STATUS.................................. 10 POINTS
3 (C) THE OFFENDER EXPLOITED A VICTIM BY HIS OR HER
4 DIFFERENCE IN SIZE OR STRENGTH, OR BOTH, OR EXPLOITED
5 A VICTIM WHO WAS INTOXICATED, UNDER THE INFLUENCE OF
6 DRUGS, ASLEEP, OR UNCONSCIOUS......................... 5 POINTS
7 (D) THE OFFENDER DID NOT EXPLOIT A VICTIM'S
8 VULNERABILITY......................................... 0 POINTS
9 (2) THE MERE EXISTENCE OF 1 OR MORE FACTORS DESCRIBED IN
10 SUBSECTION (1) DOES NOT AUTOMATICALLY EQUATE WITH VICTIM
11 VULNERABILITY.
12 (3) AS USED IN THIS SECTION:
13 (A) "PREDATORY CONDUCT" MEANS PREOFFENSE CONDUCT DIRECTED AT
14 A VICTIM FOR THE PRIMARY PURPOSE OF VICTIMIZATION.
15 (B) "EXPLOIT" MEANS TO MANIPULATE A VICTIM FOR SELFISH OR
16 UNETHICAL PURPOSES.
17 (C) "VULNERABILITY" MEANS THE READILY APPARENT SUSCEPTIBIL-
18 ITY OF A VICTIM TO INJURY, PHYSICAL RESTRAINT, PERSUASION, OR
19 TEMPTATION.
20 (D) "ABUSE OF AUTHORITY STATUS" MEANS A VICTIM WAS EXPLOITED
21 OUT OF FEAR OR DEFERENCE TO AN AUTHORITY FIGURE, INCLUDING, BUT
22 NOT LIMITED TO, A PARENT, PHYSICIAN, OR TEACHER.
23 SEC. 41. (1) OFFENSE VARIABLE 11 IS CRIMINAL SEXUAL
24 PENETRATION. SCORE OFFENSE VARIABLE 11 BY DETERMINING WHICH OF
25 THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIB-
26 UTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
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1 (A) TWO OR MORE CRIMINAL SEXUAL PENETRATIONS
2 OCCURRED.............................................. 50 POINTS
3 (B) ONE CRIMINAL SEXUAL PENETRATION OCCURRED..... 25 POINTS
4 (C) NO CRIMINAL SEXUAL PENETRATION OCCURRED...... 0 POINTS
5 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
6 11:
7 (A) SCORE ALL SEXUAL PENETRATIONS OF THE VICTIM BY THE
8 OFFENDER ARISING OUT OF THE SENTENCING OFFENSE.
9 (B) MULTIPLE SEXUAL PENETRATIONS OF THE VICTIM BY THE
10 OFFENDER EXTENDING BEYOND THE SENTENCING OFFENSE MAY BE SCORED IN
11 OFFENSE VARIABLES 12 OR 13.
12 (C) DO NOT SCORE POINTS FOR THE 1 PENETRATION THAT FORMS THE
13 BASIS OF A FIRST- OR THIRD-DEGREE CRIMINAL SEXUAL CONDUCT
14 OFFENSE.
15 SEC. 42. (1) OFFENSE VARIABLE 12 IS CONTEMPORANEOUS FELONI-
16 OUS CRIMINAL ACTS. SCORE OFFENSE VARIABLE 12 BY DETERMINING
17 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF
18 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
19 POINTS:
20 (A) THREE OR MORE CONTEMPORANEOUS FELONIOUS CRIM-
21 INAL ACTS INVOLVING CRIMES AGAINST A PERSON WERE
22 COMMITTED............................................. 25 POINTS
23 (B) TWO CONTEMPORANEOUS FELONIOUS CRIMINAL ACTS
24 INVOLVING CRIMES AGAINST A PERSON WERE COMMITTED...... 10 POINTS
25 (C) THREE OR MORE CONTEMPORANEOUS FELONIOUS CRIM-
26 INAL ACTS INVOLVING OTHER CRIMES WERE COMMITTED....... 10 POINTS
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1 (D) ONE CONTEMPORANEOUS FELONIOUS CRIMINAL ACT
2 INVOLVING A CRIME AGAINST A PERSON WAS COMMITTED...... 5 POINTS
3 (E) TWO CONTEMPORANEOUS FELONIOUS CRIMINAL ACTS
4 INVOLVING OTHER CRIMES WERE COMMITTED................. 5 POINTS
5 (F) ONE CONTEMPORANEOUS FELONIOUS CRIMINAL ACT
6 INVOLVING ANY OTHER CRIME WAS COMMITTED............... 1 POINT
7 (G) NO CONTEMPORANEOUS FELONIOUS CRIMINAL ACTS
8 WERE COMMITTED........................................ 0 POINTS
9 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
10 12:
11 (A) A FELONIOUS CRIMINAL ACT IS CONTEMPORANEOUS IF BOTH OF
12 THE FOLLOWING CIRCUMSTANCES EXIST:
13 (i) THE ACT OCCURRED WITHIN 24 HOURS OF THE SENTENCING
14 OFFENSE.
15 (ii) THE ACT HAS NOT AND WILL NOT RESULT IN A SEPARATE
16 CONVICTION.
17 (B) A VIOLATION OF SECTION 227B OF THE MICHIGAN PENAL CODE,
18 1931 PA 328, MCL 750.227B, SHOULD NOT BE CONSIDERED FOR SCORING
19 THIS VARIABLE.
20 (C) DO NOT SCORE CONDUCT SCORED IN OFFENSE VARIABLE 11.
21 SEC. 43. (1) OFFENSE VARIABLE 13 IS CONTINUING PATTERN OF
22 CRIMINAL BEHAVIOR. SCORE OFFENSE VARIABLE 13 BY DETERMINING
23 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF
24 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
25 POINTS:
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1 (A) THE OFFENSE WAS PART OF A PATTERN OF
2 FELONIOUS CRIMINAL ACTIVITY INVOLVING 3 OR MORE CRIMES
3 AGAINST A PERSON...................................... 25 POINTS
4 (B) THE OFFENSE WAS PART OF A PATTERN OF FELONI-
5 OUS CRIMINAL ACTIVITY INVOLVING A COMBINATION OF 3 OR
6 MORE CRIMES AGAINST A PERSON OR PROPERTY.............. 10 POINTS
7 (C) THE OFFENSE WAS PART OF A PATTERN OF FELONI-
8 OUS CRIMINAL ACTIVITY DIRECTLY RELATED TO MEMBERSHIP
9 IN AN ORGANIZED CRIMINAL GROUP........................ 10 POINTS
10 (D) THE OFFENSE WAS PART OF A PATTERN OF FELONI-
11 OUS CRIMINAL ACTIVITY INVOLVING 3 OR MORE CRIMES
12 AGAINST PROPERTY...................................... 25 POINTS
13 (E) NO PATTERN OF FELONIOUS CRIMINAL ACTIVITY
14 EXISTED............................................... 0 POINTS
15 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
16 13:
17 (A) FOR DETERMINING THE APPROPRIATE POINTS UNDER THIS VARI-
18 ABLE, ALL CRIMES WITHIN A 5-YEAR PERIOD, INCLUDING THE SENTENCING
19 OFFENSE, SHALL BE COUNTED REGARDLESS OF WHETHER THE OFFENSE
20 RESULTED IN A CONVICTION.
21 (B) THE PRESENCE OR ABSENCE OF MULTIPLE OFFENDERS, THE AGE
22 OF THE OFFENDERS, OR THE DEGREE OF SOPHISTICATION OF THE ORGA-
23 NIZED CRIMINAL GROUP IS NOT AS IMPORTANT AS THE FACT OF THE
24 GROUP'S EXISTENCE, WHICH MAY BE REASONABLY INFERRED FROM THE
25 FACTS SURROUNDING THE SENTENCING OFFENSE.
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1 (C) EXCEPT FOR OFFENSES RELATED TO MEMBERSHIP IN AN
2 ORGANIZED CRIMINAL GROUP, DO NOT SCORE CONDUCT SCORED IN OFFENSE
3 VARIABLE 11 OR 12.
4 SEC. 44. (1) OFFENSE VARIABLE 14 IS THE OFFENDER'S ROLE.
5 SCORE OFFENSE VARIABLE 14 BY DETERMINING WHICH OF THE FOLLOWING
6 APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE
7 ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
8 (A) THE OFFENDER WAS A LEADER IN A MULTIPLE
9 OFFENDER SITUATION.................................... 10 POINTS
10 (B) THE OFFENDER WAS NOT A LEADER IN A MULTIPLE
11 OFFENDER SITUATION.................................... 0 POINTS
12 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
13 14:
14 (A) THE ENTIRE CRIMINAL TRANSACTION SHOULD BE CONSIDERED
15 WHEN SCORING THIS VARIABLE.
16 (B) IF 3 OR MORE OFFENDERS WERE INVOLVED, MORE THAN 1
17 OFFENDER MAY BE DETERMINED TO HAVE BEEN A LEADER.
18 SEC. 45. (1) OFFENSE VARIABLE 15 IS AGGRAVATED CONTROLLED
19 SUBSTANCE OFFENSES. SCORE OFFENSE VARIABLE 15 BY DETERMINING
20 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF
21 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
22 POINTS:
23 (A) THE OFFENSE INVOLVED THE SALE OR DELIVERY OF
24 A CONTROLLED SUBSTANCE OTHER THAN MARIHUANA OR A MIX-
25 TURE CONTAINING A CONTROLLED SUBSTANCE OTHER THAN MAR-
26 IHUANA BY THE OFFENDER WHO WAS 18 YEARS OF AGE OR
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1 OLDER TO A MINOR WHO WAS 3 OR MORE YEARS YOUNGER THAN
2 THE OFFENDER.......................................... 25 POINTS
3 (B) THE OFFENSE INVOLVED THE SALE, DELIVERY, OR
4 POSSESSION WITH INTENT TO SELL OR DELIVER 225 GRAMS OR
5 MORE OF A CONTROLLED SUBSTANCE CLASSIFIED IN SCHEDULE
6 1 OR 2 OR A MIXTURE CONTAINING A CONTROLLED SUBSTANCE
7 CLASSIFIED IN SCHEDULE 1 OR 2......................... 20 POINTS
8 (C) THE OFFENSE INVOLVED THE SALE, DELIVERY, OR
9 POSSESSION WITH INTENT TO SELL OR DELIVER 50 OR MORE
10 GRAMS BUT LESS THAN 225 GRAMS OF A CONTROLLED SUB-
11 STANCE CLASSIFIED IN SCHEDULE 1 OR 2, OR A MIXTURE
12 CONTAINING A CONTROLLED SUBSTANCE CLASSIFIED IN SCHED-
13 ULE 1 OR 2............................................ 15 POINTS
14 (D) THE OFFENSE INVOLVED THE SALE, DELIVERY, OR
15 POSSESSION WITH INTENT TO SELL OR DELIVER 45 KILOGRAMS
16 OR MORE OF MARIHUANA OR 200 OR MORE OF MARIHUANA
17 PLANTS................................................ 10 POINTS
18 (E) THE OFFENSE INVOLVED THE DELIVERY OR POSSES-
19 SION WITH INTENT TO DELIVER MARIHUANA OR ANY OTHER
20 CONTROLLED SUBSTANCE OR A COUNTERFEIT CONTROLLED SUB-
21 STANCE OR POSSESSION OF CONTROLLED SUBSTANCES OR COUN-
22 TERFEIT CONTROLLED SUBSTANCES HAVING A VALUE OR UNDER
23 SUCH CIRCUMSTANCES AS TO INDICATE TRAFFICKING......... 5 POINTS
24 (F) THE OFFENSE WAS NOT AN OFFENSE DESCRIBED IN
25 SUBDIVISION (A) THROUGH (E)........................... 0 POINTS
26 (2) AS USED IN THIS SECTION:
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1 (A) "DELIVER" MEANS THE ACTUAL OR CONSTRUCTIVE TRANSFER OF A
2 CONTROLLED SUBSTANCE FROM 1 INDIVIDUAL TO ANOTHER REGARDLESS OF
3 REMUNERATION.
4 (B) "MINOR" MEANS AN INDIVIDUAL 17 YEARS OF AGE OR LESS.
5 (C) "TRAFFICKING" MEANS THE SALE OR DELIVERY OF CONTROLLED
6 SUBSTANCES OR COUNTERFEIT CONTROLLED SUBSTANCES ON A CONTINUING
7 BASIS TO 1 OR MORE OTHER INDIVIDUALS FOR FURTHER DISTRIBUTION.
8 SEC. 46. (1) OFFENSE VARIABLE 16 IS PROPERTY OBTAINED, DAM-
9 AGED, LOST, OR DESTROYED. SCORE OFFENSE VARIABLE 16 BY DETERMIN-
10 ING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF
11 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
12 POINTS:
13 (A) WANTON OR MALICIOUS DAMAGE OCCURRED BEYOND
14 THAT NECESSARY TO COMMIT THE CRIME FOR WHICH THE
15 OFFENDER IS NOT CHARGED AND WILL NOT BE CHARGED....... 10 POINTS
16 (B) THE PROPERTY HAD A VALUE OF MORE THAN
17 $20,000.00 OR HAD SIGNIFICANT HISTORICAL, SOCIAL, OR
18 SENTIMENTAL VALUE..................................... 10 POINTS
19 (C) THE PROPERTY DESTROYED HAD A VALUE OF
20 $1,000.00 OR MORE BUT NOT MORE THAN $20,000.00........ 5 POINTS
21 (D) THE PROPERTY DESTROYED HAD A VALUE OF $200.00
22 OR MORE BUT NOT MORE THAN $1,000.00................... 1 POINT
23 (E) NO PROPERTY WAS OBTAINED, DAMAGED, LOST, OR
24 DESTROYED OR THE PROPERTY HAD A VALUE OF LESS THAN
25 $200.00............................................... 0 POINTS
26 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE
27 16:
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1 (A) IN MULTIPLE OFFENDER OR VICTIM CASES, THE APPROPRIATE
2 POINTS MAY BE DETERMINED BY ADDING TOGETHER THE AGGREGATE VALUE
3 OF THE PROPERTY INVOLVED, INCLUDING PROPERTY INVOLVED IN
4 UNCHARGED OFFENSES OR CHARGES DISMISSED UNDER A PLEA AGREEMENT.
5 (B) IN CASES IN WHICH THE PROPERTY WAS OBTAINED UNLAWFULLY,
6 LOST TO THE LAWFUL OWNER, OR DESTROYED, USE THE VALUE OF THE
7 PROPERTY IN SCORING THIS VARIABLE. IF THE PROPERTY WAS DAMAGED,
8 USE THE MONETARY AMOUNT APPROPRIATE TO RESTORE THE PROPERTY TO
9 PRE-OFFENSE CONDITION IN SCORING THIS VARIABLE.
10 (C) THE AMOUNT OF MONEY OR PROPERTY INVOLVED IN ADMITTED BUT
11 UNCHARGED OFFENSES OR IN CHARGES THAT HAVE BEEN DISMISSED UNDER A
12 PLEA AGREEMENT MAY BE CONSIDERED.
13 SEC. 47. (1) OFFENSE VARIABLE 17 IS DEGREE OF NEGLIGENCE
14 EXHIBITED. SCORE OFFENSE VARIABLE 17 BY DETERMINING WHICH OF THE
15 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT-
16 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
17 (A) THE OFFENDER SHOWED A WANTON OR RECKLESS DIS-
18 REGARD FOR THE LIFE OR PROPERTY OF ANOTHER PERSON..... 10 POINTS
19 (B) THE OFFENDER FAILED TO SHOW THE DEGREE OF
20 CARE THAT A PERSON OF ORDINARY PRUDENCE IN A SIMILAR
21 SITUATION WOULD HAVE SHOWN............................ 5 POINTS
22 (C) THE OFFENDER WAS NOT NEGLIGENT............... 0 POINTS
23 (2) DO NOT SCORE 10 POINTS IF POINTS ARE GIVEN IN OFFENSE
24 VARIABLE 6.
25 SEC. 48. (1) OFFENSE VARIABLE 18 IS OPERATOR ABILITY
26 AFFECTED BY ALCOHOL OR DRUGS. SCORE OFFENSE VARIABLE 18 BY
27 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE
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1 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST
2 NUMBER OF POINTS:
3 (A) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR
4 HER BODILY ALCOHOL CONTENT WAS 0.20 GRAMS OR MORE PER
5 100 MILLILITERS OF BLOOD, PER 210 LITERS OF BREATH, OR
6 PER 67 MILLILITERS OF URINE........................... 20 POINTS
7 (B) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR
8 HER BODILY ALCOHOL CONTENT WAS 0.15 GRAMS OR MORE BUT
9 LESS THAN 0.20 GRAMS PER 100 MILLILITERS OF BLOOD, PER
10 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE.. 15 POINTS
11 (C) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR
12 HER BODILY ALCOHOL CONTENT WAS 0.10 GRAMS OR MORE BUT
13 LESS THAN 0.15 GRAMS PER 100 MILLILITERS OF BLOOD, PER
14 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE,
15 OR WHILE HE OR SHE WAS UNDER THE INFLUENCE OF INTOXI-
16 CATING LIQUOR OR A CONTROLLED SUBSTANCE OR A COMBINA-
17 TION OF INTOXICATING LIQUOR AND A CONTROLLED SUBSTANCE 10 POINTS
18 (D) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR
19 HER BODILY ALCOHOL CONTENT WAS 0.07 GRAMS OR MORE BUT
20 LESS THAN 0.10 GRAMS PER 100 MILLILITERS OF BLOOD, PER
21 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE,
22 OR WHILE HE OR SHE WAS VISIBLY IMPAIRED BY THE USE OF
23 INTOXICATING LIQUOR AND A CONTROLLED SUBSTANCE OR A
24 COMBINATION OF INTOXICATING LIQUOR OR A CONTROLLED
25 SUBSTANCE, OR WAS LESS THAN 21 YEAR OF AGE AND HAD ANY
26 BODILY ALCOHOL CONTENT................................ 5 POINTS
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1 (E) THE OFFENDER'S ABILITY TO OPERATE A VEHICLE
2 WAS NOT AFFECTED BY AN INTOXICATING LIQUOR OR A
3 CONTROLLED SUBSTANCE OR A COMBINATION OF INTOXICATING
4 LIQUOR AND A CONTROLLED SUBSTANCE..................... 0 POINTS
5 (2) AS USED IN THIS SECTION, "ANY BODILY ALCOHOL CONTENT"
6 MEANS EITHER OF THE FOLLOWING:
7 (A) AN ALCOHOL CONTENT OF NOT LESS THAN 0.02 GRAMS OR MORE
8 THAN 0.07 GRAMS PER 100 MILLILITERS OF BLOOD, PER 210 LITERS OF
9 BREATH, OR PER 67 MILLILITERS OF URINE.
10 (B) ANY PRESENCE OF ALCOHOL WITHIN AN INDIVIDUAL'S BODY
11 RESULTING FROM THE CONSUMPTION OF INTOXICATING LIQUOR OTHER THAN
12 THE CONSUMPTION OF INTOXICATING LIQUOR AS PART OF A GENERALLY
13 RECOGNIZED RELIGIOUS SERVICE OR CEREMONY.
14 SEC. 49. OFFENSE VARIABLE 19 IS THREAT TO THE SECURITY OF A
15 PENAL INSTITUTION OR COURT OR INTERFERENCE WITH THE ADMINISTRA-
16 TION OF JUSTICE. SCORE OFFENSE VARIABLE 19 BY DETERMINING WHICH
17 OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS
18 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS:
19 (A) THE OFFENDER BY HIS OR HER CONDUCT THREATENED
20 THE SECURITY OF A PENAL INSTITUTION OR COURT.......... 25 POINTS
21 (B) THE OFFENDER USED FORCE OR THE THREAT OF
22 FORCE AGAINST ANOTHER PERSON OR THE PROPERTY OF
23 ANOTHER PERSON TO INTERFERE WITH OR ATTEMPT TO INTER-
24 FERE WITH THE ADMINISTRATION OF JUSTICE............... 15 POINTS
25 (C) THE OFFENDER OTHERWISE INTERFERED WITH OR
26 ATTEMPTED TO INTERFERE WITH THE ADMINISTRATION OF
27 JUSTICE............................................... 10 POINTS
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1 (D) THE OFFENDER DID NOT THREATEN THE SECURITY OF
2 A PENAL INSTITUTION OR COURT OR INTERFERE WITH OR
3 ATTEMPT TO INTERFERE WITH THE ADMINISTRATION OF
4 JUSTICE............................................... 0 POINTS
5 PART 5
6 PRIOR RECORD VARIABLES
7 SEC. 51. (1) IN SCORING PRIOR RECORD VARIABLES 1 TO 5, DO
8 NOT USE ANY CONVICTION OR JUVENILE ADJUDICATION THAT PRECEDES A
9 PERIOD OF 10 OR MORE YEARS BETWEEN THE DISCHARGE DATE FROM A CON-
10 VICTION OR JUVENILE ADJUDICATION AND THE DEFENDANT'S COMMISSION
11 OF THE NEXT OFFENSE RESULTING IN A CONVICTION OR JUVENILE
12 ADJUDICATION.
13 (2) APPLY SUBSECTION (1) BY DETERMINING THE TIME BETWEEN THE
14 DISCHARGE DATE FOR THE PRIOR CONVICTION OR JUVENILE ADJUDICATION
15 MOST RECENTLY PRECEDING THE COMMISSION DATE OF THE SENTENCING
16 OFFENSE. IF IT IS 10 OR MORE YEARS, DO NOT USE THAT PRIOR CON-
17 VICTION OR JUVENILE ADJUDICATION AND ANY EARLIER CONVICTION OR
18 JUVENILE ADJUDICATION IN SCORING PRIOR RECORD VARIABLES. IF IT
19 IS LESS THAN 10 YEARS, USE THAT PRIOR CONVICTION OR JUVENILE
20 ADJUDICATION IN SCORING PRIOR RECORD VARIABLES AND DETERMINE THE
21 TIME BETWEEN THE COMMISSION DATE OF THAT PRIOR CONVICTION AND THE
22 DISCHARGE DATE OF THE NEXT EARLIER PRIOR CONVICTION OR JUVENILE
23 ADJUDICATION. IF THAT PERIOD IS 10 OR MORE YEARS, DO NOT USE
24 THAT PRIOR CONVICTION OR JUVENILE ADJUDICATION AND ANY EARLIER
25 CONVICTION OR JUVENILE ADJUDICATION IN SCORING PRIOR RECORD
26 VARIABLES. IF IT IS LESS THAN 10 YEARS, USE THAT PRIOR
27 CONVICTION OR JUVENILE ADJUDICATION IN SCORING PRIOR RECORD
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1 VARIABLES AND REPEAT THIS DETERMINATION FOR EACH REMAINING PRIOR
2 CONVICTION OR JUVENILE ADJUDICATION UNTIL A PERIOD OF 10 OR MORE
3 YEARS IS FOUND OR NO PRIOR CONVICTIONS OR JUVENILE ADJUDICATIONS
4 REMAIN.
5 (3) IF A DISCHARGE DATE IS NOT AVAILABLE, ADD EITHER THE
6 TIME DEFENDANT WAS SENTENCED TO PROBATION OR THE LENGTH OF THE
7 MINIMUM INCARCERATION TERM TO THE DATE OF THE CONVICTION AND USE
8 THAT DATE AS THE DISCHARGE DATE.
9 (4) AS USED IN THIS SECTION:
10 (A) "CONVICTION" INCLUDES ANY OF THE FOLLOWING:
11 (i) ASSIGNMENT TO YOUTHFUL TRAINEE STATUS UNDER
SECTIONS 11
12 TO 15 OF CHAPTER II.
13 (ii) A CONVICTION SET ASIDE UNDER 1965 PA 213, MCL
780.621
14 TO 780.624.
15 (B) "DISCHARGE DATE" MEANS THE DATE AN INDIVIDUAL IS DIS-
16 CHARGED FROM THE JURISDICTION OF THE COURT OR THE DEPARTMENT OF
17 CORRECTIONS AFTER BEING CONVICTED OF OR ADJUDICATED RESPONSIBLE
18 FOR A CRIME OR AN ACT THAT WOULD BE A CRIME IF COMMITTED BY AN
19 ADULT.
20 (C) "JUVENILE ADJUDICATION" INCLUDES AN ADJUDICATION SET
21 ASIDE UNDER SECTION 18E OF CHAPTER XIIA OF 1939 PA 288, MCL
22 712A.18E, OR EXPUNGED.
23 SEC. 52. (1) PRIOR RECORD VARIABLE 1 IS PRIOR HIGH SEVERITY
24 FELONY CONVICTIONS. SCORE PRIOR RECORD VARIABLE 1 BY DETERMINING
25 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF
26 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
27 POINTS:
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1 (A) THE OFFENDER HAS 3 OR MORE PRIOR HIGH
2 SEVERITY FELONY CONVICTIONS........................... 75 POINTS
3 (B) THE OFFENDER HAS 2 PRIOR HIGH SEVERITY FELONY
4 CONVICTIONS........................................... 50 POINTS
5 (C) THE OFFENDER HAS 1 PRIOR HIGH SEVERITY FELONY
6 CONVICTION............................................ 25 POINTS
7 (D) THE OFFENDER HAS NO PRIOR HIGH SEVERITY
8 FELONY CONVICTIONS.................................... 0 POINTS
9 (2) AS USED IN THIS SECTION, "PRIOR HIGH SEVERITY FELONY
10 CONVICTION" MEANS A CONVICTION FOR A CRIME LISTED IN OFFENSE
11 CLASS M2, A, B, C, OR D OR FOR A FELONY UNDER A LAW OF THE UNITED
12 STATES OR ANOTHER STATE CORRESPONDING TO A CRIME LISTED IN
13 OFFENSE CLASS M2, A, B, C, OR D, IF THE CONVICTION WAS ENTERED
14 BEFORE THE SENTENCING OFFENSE WAS COMMITTED.
15 SEC. 53. (1) PRIOR RECORD VARIABLE 2 IS PRIOR LOW SEVERITY
16 FELONY CONVICTIONS. SCORE PRIOR RECORD VARIABLE 2 BY DETERMINING
17 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF
18 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
19 POINTS:
20 (A) THE OFFENDER HAS 4 OR MORE PRIOR LOW SEVERITY
21 FELONY CONVICTIONS.................................... 30 POINTS
22 (B) THE OFFENDER HAS 3 PRIOR LOW SEVERITY FELONY
23 CONVICTIONS........................................... 20 POINTS
24 (C) THE OFFENDER HAS 2 PRIOR LOW SEVERITY FELONY
25 CONVICTIONS........................................... 10 POINTS
26 (D) THE OFFENDER HAS 1 PRIOR LOW SEVERITY FELONY
27 CONVICTION............................................ 5 POINTS
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1 (E) THE OFFENDER HAS NO PRIOR LOW SEVERITY FELONY
2 CONVICTIONS........................................... 0 POINTS
3 (2) AS USED IN THIS SECTION, "PRIOR LOW SEVERITY FELONY
4 CONVICTION" MEANS A CONVICTION FOR A CRIME LISTED IN OFFENSE
5 CLASS E, F, G, OR H OR FOR A FELONY UNDER A LAW OF THE UNITED
6 STATES OR ANOTHER STATE THAT CORRESPONDS TO A CRIME LISTED IN
7 OFFENSE CLASS E, F, G, OR H, IF THE CONVICTION WAS ENTERED BEFORE
8 THE SENTENCING OFFENSE WAS COMMITTED.
9 SEC. 54. (1) PRIOR RECORD VARIABLE 3 IS PRIOR HIGH SEVERITY
10 JUVENILE ADJUDICATIONS. SCORE PRIOR RECORD VARIABLE 3 BY DETER-
11 MINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER
12 OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
13 POINTS:
14 (A) THE OFFENDER HAS 3 OR MORE PRIOR HIGH SEVER-
15 ITY JUVENILE ADJUDICATIONS............................ 50 POINTS
16 (B) THE OFFENDER HAS 2 PRIOR HIGH SEVERITY JUVE-
17 NILE ADJUDICATIONS.................................... 25 POINTS
18 (C) THE OFFENDER HAS 1 PRIOR HIGH SEVERITY JUVE-
19 NILE ADJUDICATION..................................... 10 POINTS
20 (D) THE OFFENDER HAS NO PRIOR HIGH SEVERITY JUVE-
21 NILE ADJUDICATIONS.................................... 0 POINTS
22 (2) AS USED IN THIS SECTION, "PRIOR HIGH SEVERITY JUVENILE
23 ADJUDICATION" MEANS A JUVENILE ADJUDICATION FOR CONDUCT THAT
24 WOULD BE A CRIME LISTED IN OFFENSE CLASS M2, A, B, C, OR D IF
25 COMMITTED BY AN ADULT OR FOR CONDUCT THAT WOULD BE A FELONY UNDER
26 A LAW OF THE UNITED STATES OR ANOTHER STATE CORRESPONDING TO A
27 CRIME LISTED IN OFFENSE CLASS M2, A, B, C, OR D IF COMMITTED BY
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1 AN ADULT, IF THE ORDER OF DISPOSITION WAS ENTERED BEFORE THE
2 SENTENCING OFFENSE WAS COMMITTED.
3 SEC. 55. (1) PRIOR RECORD VARIABLE 4 IS PRIOR LOW SEVERITY
4 JUVENILE ADJUDICATIONS. SCORE PRIOR RECORD VARIABLE 4 BY DETER-
5 MINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER
6 OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
7 POINTS:
8 (A) THE OFFENDER HAS 6 OR MORE PRIOR LOW SEVERITY
9 JUVENILE ADJUDICATIONS................................ 20 POINTS
10 (B) THE OFFENDER HAS 4 OR 5 PRIOR LOW SEVERITY
11 JUVENILE ADJUDICATIONS................................ 10 POINTS
12 (C) THE OFFENDER HAS 2 OR 3 PRIOR LOW SEVERITY
13 JUVENILE ADJUDICATIONS................................ 5 POINTS
14 (D) THE OFFENDER HAS 1 PRIOR LOW SEVERITY JUVE-
15 NILE ADJUDICATION..................................... 2 POINTS
16 (F) THE OFFENDER HAS NO PRIOR LOW SEVERITY JUVE-
17 NILE ADJUDICATIONS.................................... 0 POINTS
18 (2) AS USED IN THIS SECTION, "PRIOR LOW SEVERITY JUVENILE
19 ADJUDICATION" MEANS A JUVENILE ADJUDICATION FOR CONDUCT THAT
20 WOULD BE A CRIME LISTED IN OFFENSE CLASS E, F, G, OR H IF COMMIT-
21 TED BY AN ADULT OR FOR CONDUCT THAT WOULD BE A FELONY UNDER A LAW
22 OF THE UNITED STATES OR ANOTHER STATE CORRESPONDING TO A CRIME
23 LISTED IN OFFENSE CLASS E, F, G, OR H IF COMMITTED BY AN ADULT,
24 IF THE ORDER OF DISPOSITION WAS ENTERED BEFORE THE SENTENCING
25 OFFENSE WAS COMMITTED.
26 SEC. 56. (1) PRIOR RECORD VARIABLE 5 IS PRIOR MISDEMEANOR
27 CONVICTIONS OR MISDEMEANOR ADJUDICATIONS. SCORE PRIOR RECORD
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1 VARIABLE 5 BY DETERMINING WHICH OF THE FOLLOWING APPLY AND BY
2 ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS
3 THE HIGHEST NUMBER OF POINTS:
4 (A) THE OFFENDER HAS 7 OR MORE PRIOR MISDEMEANOR
5 CONVICTIONS OR JUVENILE ADJUDICATIONS................. 20 POINTS
6 (B) THE OFFENDER HAS 5 OR 6 PRIOR MISDEMEANOR
7 CONVICTIONS OR JUVENILE ADJUDICATIONS................. 15 POINTS
8 (C) THE OFFENDER HAS 3 OR 4 PRIOR MISDEMEANOR
9 CONVICTIONS OR JUVENILE ADJUDICATIONS................. 10 POINTS
10 (D) THE OFFENDER HAS 2 PRIOR MISDEMEANOR CONVIC-
11 TIONS OR JUVENILE ADJUDICATIONS....................... 5 POINTS
12 (E) THE OFFENDER HAS 1 PRIOR MISDEMEANOR CONVIC-
13 TION OR JUVENILE ADJUDICATION......................... 2 POINTS
14 (F) THE OFFENDER HAS NO PRIOR MISDEMEANOR CONVIC-
15 TIONS OR JUVENILE ADJUDICATIONS....................... 0 POINTS
16 (2) ALL OF THE FOLLOWING APPLY TO SCORING RECORD VARIABLE
17 5:
18 (A) COUNT ONLY MISDEMEANOR JUVENILE ADJUDICATIONS FOR
19 ASSAULTIVE CRIMES.
20 (B) EXCEPT AS PROVIDED IN SUBDIVISION (C), COUNT A PRIOR
21 MISDEMEANOR CONVICTION ONLY IF IT IS A CRIME AGAINST A PERSON OR
22 PROPERTY, A CONTROLLED SUBSTANCE CRIME, OR A WEAPON OFFENSE ENU-
23 MERATED IN CHAPTER XXXVII OF THE MICHIGAN PENAL CODE, 1931 PA
24 328, MCL 750.222 TO 750.239A. DO NOT COUNT A PRIOR CONVICTION
25 USED TO ENHANCE THE SENTENCING OFFENSE TO A FELONY.
26 (C) COUNT ALL MISDEMEANOR CONVICTIONS FOR OPERATING A
27 VEHICLE, VESSEL, AIRCRAFT, OR LOCOMOTIVE WHILE UNDER THE
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1 INFLUENCE OF OR IMPAIRED BY ALCOHOL, A CONTROLLED SUBSTANCE, OR A
2 COMBINATION OF ALCOHOL AND A CONTROLLED SUBSTANCE. DO NOT COUNT
3 A PRIOR CONVICTION USED TO ENHANCE THE SENTENCING OFFENSE TO A
4 FELONY.
5 SEC. 57. (1) PRIOR RECORD VARIABLE 6 IS RELATIONSHIP TO THE
6 CRIMINAL JUSTICE SYSTEM. SCORE PRIOR RECORD VARIABLE 6 BY DETER-
7 MINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER
8 OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF
9 POINTS:
10 (A) THE OFFENDER IS A PRISONER OF THE DEPARTMENT
11 OF CORRECTIONS OR SERVING A SENTENCE IN JAIL.......... 20 POINTS
12 (B) THE OFFENDER IS INCARCERATED IN JAIL AWAITING
13 ADJUDICATION OR SENTENCING ON A CONVICTION OR PROBA-
14 TION VIOLATION........................................ 15 POINTS
15 (C) THE OFFENDER IS ON PAROLE, PROBATION, OR
16 DELAYED SENTENCE STATUS OR ON BOND AWAITING ADJUDICA-
17 TION OR SENTENCING FOR A FELONY....................... 10 POINTS
18 (D) THE OFFENDER IS ON PROBATION OR DELAYED SEN-
19 TENCE STATUS OR ON BOND AWAITING ADJUDICATION OR SEN-
20 TENCING FOR A MISDEMEANOR............................. 5 POINTS
21 (E) THE OFFENDER HAS NO RELATIONSHIP TO THE CRIM-
22 INAL JUSTICE SYSTEM................................... 0 POINTS
23 (2) SCORE THE APPROPRIATE POINTS UNDER THIS SECTION IF THE
24 OFFENDER IS INVOLVED WITH THE CRIMINAL JUSTICE SYSTEM IN ANOTHER
25 STATE OR UNITED STATES.
26 (3) AS USED IN THIS SECTION:
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1 (A) "DELAYED SENTENCE STATUS" INCLUDES, BUT IS NOT LIMITED
2 TO, AN INDIVIDUAL ASSIGNED OR DEFERRED UNDER ANY OF THE
3 FOLLOWING:
4 (i) SECTION 7411 OF THE PUBLIC HEALTH CODE, 1978 PA
368, MCL
5 333.7411.
6 (ii) SECTION 350A OF THE MICHIGAN PENAL CODE, 1931 PA
328,
7 MCL 750.350A.
8 (iii) SECTIONS 11 TO 15 OF CHAPTER II.
9 (iv) SECTION 4A OF CHAPTER IX.
10 (B) "PRISONER OF THE DEPARTMENT OF CORRECTIONS OR SERVING A
11 SENTENCE IN JAIL" INCLUDES AN INDIVIDUAL WHO IS AN ESCAPEE.
12 SEC. 58. (1) PRIOR RECORD VARIABLE 7 IS SUBSEQUENT OR CON-
13 CURRENT FELONY CONVICTIONS. SCORE PRIOR RECORD VARIABLE 7 BY
14 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE
15 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST
16 NUMBER OF POINTS:
17 (A) THE OFFENDER HAS 2 OR MORE SUBSEQUENT OR CON-
18 CURRENT CONVICTIONS................................... 20 POINTS
19 (B) THE OFFENDER HAS 1 SUBSEQUENT OR CONCURRENT
20 CONVICTION............................................ 10 POINTS
21 (C) THE OFFENDER HAS NO SUBSEQUENT OR CONCURRENT
22 CONVICTIONS........................................... 0 POINTS
23 (2) ALL OF THE FOLLOWING APPLY TO SCORING RECORD VARIABLE
24 7:
25 (A) SCORE THE APPROPRIATE POINT VALUE IF THE OFFENDER WAS
26 CONVICTED OF MULTIPLE FELONY COUNTS OR WAS CONVICTED OF A FELONY
27 AFTER THE SENTENCING OFFENSE WAS COMMITTED.
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1 (B) DO NOT SCORE A FELONY FIREARM CONVICTION IN THIS
2 VARIABLE.
3 (C) DO NOT SCORE A CONCURRENT FELONY CONVICTION IF A CONSEC-
4 UTIVE SENTENCE WILL RESULT FROM THAT CONVICTION.
5 PART 6
6 SENTENCING GRIDS
7 SEC. 61. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
8 CLASS M2:
9 PRIOR RECORD VARIABLE LEVEL
10 A B C D E F
11 0 1-9 10-24 25-49 50-74 75+
12 POINTS POINTS POINTS POINTS POINTS POINTS
13 OFFENSE
14 VARIABLE
15 LEVEL
16 I
17 0-49 90-150 144-240 162-270 180-300 225-375 270-450
18 POINTS OR LIFE OR LIFE OR LIFE
19 II
20 50-99 144-240 162-270 180-300 225-375 270-450 315-525
21 POINTS OR LIFE OR LIFE OR LIFE OR LIFE
22 III
23 100+ 162-270 180-300 225-375 270-450 315-525 365-600
24 POINTS OR LIFE OR LIFE OR LIFE OR LIFE OR LIFE OR LIFE
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1 SEC. 62. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS A:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-19 21-35 27-45 42-70 51-85 81-135 108-180
12 POINTS
13 II
14 20-39 27-45 42-70 51-85 81-135 108-180 126-210
15 POINTS
16 III
17 40-59 42-70 51-85 81-135 108-180 126-210 135-225
18 POINTS
19 IV
20 60-79 51-85 81-135 108-180 126-210 135-225 171-285
21 POINTS
22 V
23 80-99 81-135 108-180 126-210 135-225 171-285 225-375
24 POINTS OR LIFE
25 VI
26 100+ 108-180 126-210 135-225 171-285 225-375 270-450
27 POINTS OR LIFE OR LIFE
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1 SEC. 63. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS B:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-18 12-20 24-40 36-60 51-85 72-120
12 POINTS
13 II
14 10-24 12-20 15-25 30-50 51-85 72-120 78-130
15 POINTS
16 III
17 25-34 15-25 21-35 36-60 57-95 78-130 84-140
18 POINTS
19 IV
20 35-49 21-35 24-40 45-75 72-120 84-140 87-145
21 POINTS
22 V
23 50-74 24-40 36-60 51-85 78-130 87-145 99-160
24 POINTS
25 VI
26 75+ 36-60 45-75 57-95 84-140 99-160 117-160
27 POINTS
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1 SEC. 64. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS C:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-12 0-18 12-20 15-25 24-40 36-60
12 POINTS
13 II
14 10-24 0-18 6-18 15-25 24-40 36-60 45-75
15 POINTS
16 III
17 25-34 12-20 15-25 24-40 36-60 45-75 54-90
18 POINTS
19 IV
20 35-49 15-25 24-40 36-60 45-75 54-90 63-105
21 POINTS
22 V
23 50-74 24-40 36-60 45-75 54-90 63-105 72-120
24 POINTS
25 VI
26 75+ 36-60 45-75 54-90 63-105 72-120 78-120
27 POINTS
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1 SEC. 65. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS D:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-6 0-9 0-12 0-18 6-24 12-24
12 POINTS
13 II
14 10-24 0-9 0-12 0-18 6-24 12-24 24-40
15 POINTS
16 III
17 25-34 0-12 0-18 6-24 12-24 24-40 36-60
18 POINTS
19 IV
20 35-49 0-18 6-24 12-24 24-40 36-60 42-70
21 POINTS
22 V
23 50-74 6-24 12-24 24-40 36-60 42-70 48-80
24 POINTS
25 VI
26 75+ 12-24 24-40 36-60 42-70 48-80 54-80
27 POINTS
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1 SEC. 66. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS E:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-3 0-6 0-9 6-24 9-24 12-24
12 POINTS
13 II
14 10-24 0-6 0-9 0-12 9-24 12-24 15-25
15 POINTS
16 III
17 25-34 0-9 0-12 0-18 12-24 15-25 18-30
18 POINTS
19 IV
20 35-49 0-12 0-18 6-24 15-25 18-30 24-40
21 POINTS
22 V
23 50-74 0-15 6-24 9-24 18-30 24-40 27-40
24 POINTS
25 VI
26 75+ 0-18 9-24 15-25 24-40 27-40 30-40
27 POINTS
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93
1 SEC. 67. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS F:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-3 0-6 0-9 3-18 6-24 12-24
12 POINTS
13 II
14 10-34 0-6 0-9 0-18 6-24 12-24 15-25
15 POINTS
16 III
17 35-74 0-9 0-18 3-18 12-24 15-25 18-30
18 POINTS
19 IV
20 75+ 0-18 3-18 6-24 15-25 18-30 21-32
21 POINTS
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94
1 SEC. 68. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS G:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-3 0-6 0-9 0-12 0-18 3-18
12 POINTS
13 II
14 10-15 0-6 0-9 0-12 0-18 3-18 6-24
15 POINTS
16 III
17 16+ 0-9 0-12 0-18 3-18 6-24 9-24
18 POINTS
00322'97
95
1 SEC. 69. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR
2 CLASS H:
3 PRIOR RECORD VARIABLE LEVEL
4 A B C D E F
5 0 1-9 10-24 25-49 50-74 75+
6 POINTS POINTS POINTS POINTS POINTS POINTS
7 OFFENSE
8 VARIABLE
9 LEVEL
10 I
11 0-9 0-1 0-3 0-6 0-9 0-12 0-18
12 POINTS
13 II
14 10-15 0-3 0-6 0-9 0-12 0-18 3-18
15 POINTS
16 III
17 16+ 0-6 0-9 0-12 0-18 3-18 6-18
18 POINTS
19 CHAPTER XI
20 Sec. 14. (1) Before the court sentences a person charged
21 with a felony or a person who is a licensee or registrant under
22 article 15 of the public health code, Act No. 368 of the
Public
23 Acts of 1978, being sections 333.16101 to 333.18838 of the
24 Michigan Compiled Laws 1978 PA 368, MCL 333.16101
TO 333.18838,
25 as described in section 1(11) of chapter IX, and, if directed by
26 the court, in any other case in which a person is charged with a
27 misdemeanor within the jurisdiction of the court, the probation
28 officer shall inquire into the antecedents, character, and cir-
29 cumstances of the person, and shall report in writing to the
30 court.
31 (2) A presentence investigation report prepared
pursuant
32 to UNDER subsection (1) shall include all of the
following:
00322'97
96
1 (a) An evaluation of and a prognosis for the person's
2 adjustment in the community based on factual information con-
3 tained in the report.
4 (b) If requested by a victim, any written impact statement
5 submitted by the victim pursuant to UNDER the
crime victim's
6 rights act, Act No. 87 of the Public Acts of 1985, being
7 sections 780.751 to 780.834 of the Michigan Compiled Laws
1985
8 PA 87, MCL 780.751 TO 780.834.
9 (c) A specific written recommendation for disposition based
10 on the evaluation and other information as prescribed by the
11 assistant director of the department of corrections in charge of
12 probation.
13 (d) A statement prepared by the prosecuting attorney as to
14 whether consecutive sentencing is required or authorized by law.
15 (e) For a person to be sentenced pursuant to
UNDER the
16 sentencing guidelines enacted into law pursuant to section
33
17 of SET FORTH IN chapter IX IXA,
all of the following:
18 (i) For each conviction entered, the sentence grid IN
PART 6
19 OF CHAPTER IXA that contains the appropriate
RECOMMENDED mini-
20 mum sentence range RANGES.
21 (ii) The computation that determines the
appropriate
22 RECOMMENDED minimum sentence range for each conviction entered.
23 (iii) A specific statement as to the applicability of
inter-
24 mediate sanctions, as defined in section 31 of chapter IX.
25 (iv) The recommended sentence.
26 (f) If a person is to be sentenced for A FELONY OR FOR a
27 misdemeanor involving the illegal delivery, possession, or use of
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97
1 alcohol or a controlled substance, or a felony, a
statement
2 that the person is licensed or registered under article 15 of the
3 public health code, Act No. 368 of the Public Acts of 1978,
4 being sections 333.16101 to 333.18838 of the Michigan
Compiled
5 Laws 1978 PA 368, MCL 333.16101 TO 333.18838, if
applicable.
6 (g) Diagnostic opinions that are available and not exempted
7 from disclosure under subsection (3).
8 (3) The court may exempt from disclosure in the presentence
9 investigation report information or a diagnostic opinion that
10 might seriously disrupt a program of rehabilitation or sources of
11 information obtained on a promise of confidentiality. If a part
12 of the presentence investigation report is not disclosed, the
13 court shall state on the record the reasons for its action and
14 inform the defendant and his or her attorney that information has
15 not been disclosed. The action of the court in exempting infor-
16 mation from disclosure is subject to appellate review.
17 Information or a diagnostic opinion exempted from disclosure pur-
18 suant to this subsection shall be specifically noted in the pre-
19 sentence investigation report.
20 (4) The court shall permit the prosecutor, the defendant's
21 attorney, and the defendant to review the presentence investiga-
22 tion report before sentencing.
23 (5) At the time of sentencing, either party may challenge,
24 on the record, the accuracy or relevancy of any information con-
25 tained in the presentence investigation report. The court may
26 order an adjournment to permit the parties to prepare a challenge
27 or a response to a challenge. If the court finds on the record
00322'97
98
1 that the challenged information is inaccurate or irrelevant, that
2 finding shall be made a part of the record, the presentence
3 investigation report shall be amended, and the inaccurate or
4 irrelevant information shall be stricken accordingly before the
5 report is transmitted to the department of corrections.
6 (6) On appeal, the defendant's attorney, or the defendant if
7 proceeding pro se, shall be provided with a copy of the presen-
8 tence investigation report and any attachments to the report with
9 the exception of any information exempted from disclosure ,
on
10 the record, by the court pursuant to
UNDER subsection (3).
11 (7) If the person is committed to a state penal institution,
12 a copy or amended copy of the presentence investigation report
13 and, if a psychiatric examination of the person has been made for
14 the court, a copy of the psychiatric report shall accompany the
15 commitment papers. If the person is sentenced by fine or impris-
16 onment or placed on probation or other disposition of his or her
17 case is made by the court, a copy or amended copy of the presen-
18 tence investigation report, including a psychiatric examination
19 report made in the case, shall be filed with the department of
20 corrections.
21 (8) A prisoner under the jurisdiction of the department of
22 corrections shall be provided with a copy of any presentence
23 investigation report in the department's possession about that
24 prisoner, except for information exempted from disclosure
25 pursuant to UNDER subsection (3), not less than
30 days before
26 a parole interview is conducted pursuant to UNDER
section 35 of
00322'97
99
1 Act No. 232 of the Public Acts of 1953, being section
791.235 of
2 the Michigan Compiled Laws 1953 PA 232, MCL
791.235.
00322'97 Final page. JOJ