SENATE BILL NO. 282


   February 9, 1999, Introduced by Senators STILLE, NORTH, BULLARD,
        GOSCHKA and DINGELL and referred to the Committee on 
        Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 520f (MCL 750.520f).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 520f.  (1) If a person is convicted of a second or sub-

 2    sequent offense under section 520b, 520c, or 520d, the sentence

 3    imposed under those sections for the second or subsequent offense

 4    shall provide for a mandatory minimum sentence of at least 5

 5    years.

 6         (2) For purposes of this section, an offense is considered a

 7    second or subsequent offense if,  prior to  BEFORE
             conviction of

 8    the second or subsequent offense, the actor has at any time been

 9    convicted under section 520b, 520c, or 520d or under any similar

10    statute of the United States or any state for a criminal sexual




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 1    offense including rape, carnal knowledge, indecent liberties,

 2    gross indecency, or an attempt to commit such an offense.

 3         (3) IF A PERSON IS CONVICTED OF VIOLATING SECTION 520B,

 4    520C, 520D, 520E, OR 520G AND SENTENCED TO A TERM OF IMPRISONMENT

 5    AND IS CONVICTED OF ANY OTHER VIOLATION OF SECTION 520B, 520C,

 6    520D, 520E, OR 520G ARISING OUT OF THE SAME OR DIFFERENT TRANSAC-

 7    TIONS AND SENTENCED TO A TERM OF IMPRISONMENT, THE COURT SHALL

 8    ORDER THE TERM OF IMPRISONMENT IMPOSED FOR THAT VIOLATION TO BE

 9    SERVED CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED FOR THE

10    OTHER VIOLATION.




































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