Act No. 183

Public Acts of 2000

Approved by the Governor

June 20, 2000

Filed with the Secretary of State

June 20, 2000

EFFECTIVE DATE: September 18, 2000

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senator Van Regenmorter

ENROLLED SENATE BILL No. 1162

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 amended by 1999 PA 39.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.135PersonDExposing children with intent to injure or abandon10
750.136b(f)(2)PersonCChild abuse--first degree15
750.136b(f)(3)PersonFChild abuse--second degree4
750.136b(f)(4)PersonGChild abuse--third degree2
750.136cPersonBBuying or selling an individual20
750.145bPersonFAccosting children for immoral purposes--second offense4
750.145c(2) Person BChild sexually abusive activity or materials--active involvement20
750.145c(3)PersonDChild sexually abusive activity or materials--
distributing, promoting, or financing7
750.145d(2)(b) VariableGUsing internet or computer to commit crime punishable
by a maximum term of imprisonment of at least 1 year
but less than 2 years2
750.145d(2)(c) VariableFUsing internet or computer to commit crime punishable
by a maximum term of imprisonment of at least 2 years
but less than 4 years4
750.145d(2)(d) VariableDUsing internet or computer to commit crime punishable
by a maximum term of imprisonment of at least 4 years
but less than 10 years 10
750.145d(2)(e) VariableCUsing internet or computer to commit crime punishable
by a maximum term of imprisonment of at least 10 years
but less than 15 years 15
750.145d(2)(f)VariableBUsing internet or computer to commit crime punishable
by a maximum term of imprisonment of at least 15 years
or for life20
750.145n(1)PersonCVulnerable adult abuse--first degree15
750.145n(2)PersonFVulnerable adult abuse--second degree4
750.145n(3)PersonGVulnerable adult abuse--third degree2
750.145oPersonEDeath of vulnerable adult caused by unlicensed caretaker5
750.145p(1)PersonGVulnerable adult--commingling funds, obstructing investi-
gation, or filing false information2
750.145p(2)PersonGRetaliation or discrimination by caregiver against vulnerable adult2
750.145p(5)PersonEVulnerable adult--caregiver violations--second offense5
750.147bPersonGEthnic intimidation2

(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable based on the underlying offense.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:

(a) Senate Bill No. 894.

(b) House Bill No. 5185.

(c) House Bill No. 5186.

(d) House Bill No. 5187.

 

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.