Act No. 39

Public Acts of 1999

Approved by the Governor

June 9, 1999

Filed with the Secretary of State

June 9, 1999

EFFECTIVE DATE: August 1, 1999

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 1999

Introduced by Reps. Howell, Julian, Patterson, Jellema, Caul, Pappageorge, Pumford, Ehardt, Bishop, Tabor, Van Woerkom, Bradstreet, Voorhees, Gosselin, Garcia, Bovin, DeVuyst and Raczkowski

ENROLLED HOUSE BILL No. 4345

AN ACT to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16g of chapter XVII (MCL 777.16g), as added by 1998 PA 317.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16g. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.135 Person D Exposing children with intent to injure or abandon 10

750.136b(f)(2) Person C Child abuse -- first degree 15

750.136b(f)(3) Person F Child abuse -- second degree 4

750.136b(f)(4) Person G Child abuse -- third degree 2

750.145b Person F Accosting children for immoral purposes -- second offense 4

750.145c(2) Person B Child sexually abusive activity or materials -- active involvement 20

750.145c(3) Person D Child sexually abusive activity or materials -- distributing,
promoting, or financing 7

750.145d(2) Person G Using internet or computer for certain crimes 2

750.145d(3) Person E Using internet or computer for certain crimes
or second or subsequent offense 5

750.145n(1) Person C Vulnerable adult abuse -- first degree 15

750.145n(2) Person F Vulnerable adult abuse -- second degree 4

750.145n(3) Person G Vulnerable adult abuse -- third degree 2

750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5

750.145p(1) Person G Vulnerable adult -- commingling funds, obstructing investigation,
or filing false information 2

750.145p(2) Person G Retaliation or discrimination by caregiver against vulnerable adult 2

750.145p(5) Person E Vulnerable adult -- caregiver violations -- second offense 5

750.147b Person G Ethnic intimidation 2

Enacting section 1. This amendatory act takes effect August 1, 1999.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 7 of the 90th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.