Act No. 300
Public Acts of 2000
Approved by the Governor
October 9, 2000
Filed with the Secretary of State
October 11, 2000
EFFECTIVE DATE: January 1, 2001
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Allen, Spade, Rick Johnson, Shulman, Howell, Pappageorge, Rocca, Ruth Johnson, Woronchak, Green, Jelinek, Law, DeVuyst, Geiger, Jansen, Stamas, Jellema, Kuipers, Godchaux, Kukuk, Mortimer and Caul
ENROLLED HOUSE BILL No. 4997
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 17 of chapter XVII (MCL 777.17), as amended by 2000 PA 279.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 17. (1) This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | |
| 752.191 | Pub saf | G | Felonious driving | 2 | |
| 752.273(2)(c) | Pub saf | F | Sale or distribution of nitrous oxide device-- | ||
| 2 or more prior convictions | 4 | ||||
| 752.365(3) | Pub ord | G | Obscenity--subsequent offense | 2 | |
| 752.541 | Pub saf | D | Riot | 10 | |
| 752.542 | Pub saf | D | Incitement to riot | 10 | |
| 752.542a | Pub saf | D | Riot in state correctional facilities | 10 | |
| 752.543 | Pub saf | G | Unlawful assembly | 5 | |
| 752.797(1)(c) | Property | E | Computer fraud--2 prior convictions or value | ||
| of $1,000 to $20,000 | 5 | ||||
| 752.797(1)(d) | Property | D | Computer fraud--3 or more prior convictions | ||
| or value of $20,000 or more | 10 | ||||
| 752.797(2)(a) | Property | E | Unlawfully accessing computer, computer system, | ||
| or computer program | 5 | ||||
| 752.797(2)(b) | Property | D | Unlawfully accessing computer, computer system, | ||
| or computer program, with prior conviction | 10 | ||||
| 752.797(3)(b) | Variable | G | Using computer to commit crime punishable by | ||
| a maximum term of imprisonment of more | |||||
| than 1 year but less than 2 years | 2 | ||||
| 752.797(3)(c) | Variable | F | Using computer to commit crime punishable by | ||
| a maximum term of imprisonment of at least | |||||
| 2 years but less than 4 years | 4 | ||||
| 752.797(3)(d) | Variable | D | Using computer to commit crime punishable by | ||
| a maximum term of imprisonment of at least | |||||
| 4 years but less than 10 years | 7 | ||||
| 752.797(3)(e) | Variable | D | Using computer to commit crime punishable by | ||
| a maximum term of imprisonment of at least | |||||
| 10 years but less than 20 years | 10 | ||||
| 752.797(3)(f) | Variable | B | Using computer to commit crime punishable by | ||
| a maximum term of imprisonment of at least | |||||
| 20 years or for life | 20 | ||||
| 752.802 | Property | H | Vending machines--manufacture/sale of slugs | 5 | |
| 752.811 | Property | H | Breaking and entering a coin operated device | 3 | |
| 752.861 | Person | G | Careless discharge of firearm causing injury | ||
| or death | 2 | ||||
| 752.881 | Person | G | Reckless use of bow and arrow resulting in | ||
| injury or death | 2 | ||||
| 752.1003 | Property | F | Health care fraud--false claim/state, unnecessary, | ||
| conceal information | 4 | ||||
| 752.1004 | Property | F | Health care fraud--kickbacks/referral fees | 4 | |
| 752.1005 | Property | H | Health care fraud--conspiracy | 10 | |
| 752.1006 | Property | D | Health care fraud--subsequent offense | 20 | |
| 752.1054(2) | Property | G | Copying audio/video recordings for gain | 5 | |
| 764.1e | Pub trst | C | Peace officer--false statement in a complaint | 15 | |
| 767.4a | Pub trst | F | Disclosing or possessing grand jury information | 4 | |
| 767a.9(a) | Pub trst | C | Perjury committed in prosecutor's investigative | ||
| hearing--noncapital crime | 15 | ||||
| 767a.9(b) | Pub trst | B | Perjury committed in prosecutor's investigative | ||
| hearing--capital crime | Life | ||||
| 800.281(1) | Pub saf | H | Furnishing prisoner with contraband | 5 | |
| 800.281(2) | Pub saf | H | Furnishing prisoner with contraband outside | 5 | |
| 800.281(3) | Pub saf | H | Bringing contraband into prisons | 5 | |
| 800.281(4) | Pub saf | E | Prisoner possessing contraband | 5 | |
| 800.283(1) | Pub saf | E | Furnishing weapon to prisoner in prison | 5 | |
| 800.283(2) | Pub saf | E | Prisons--knowledge of a weapon in a correctional | ||
| facility | 5 | ||||
| 800.283(3) | Pub saf | E | Bringing weapon into prison | 5 | |
| 800.283(4) | Pub saf | E | Prisoner possessing weapon | 5 | |
| 801.262(1)(a) | Pub saf | E | Bringing weapon into jail | 5 | |
| 801.262(1)(b) | Pub saf | E | Furnishing weapon to prisoner in jail | 5 | |
| 801.262(2) | Pub saf | E | Prisoner in jail possessing weapon | 5 | |
| 801.263(1) | Pub saf | H | Furnishing contraband to prisoner in jail | 5 | |
| 801.263(2) | Pub saf | H | Prisoner in jail possessing contraband | 5 | |
(2) For a violation of section 797(3) of 1979 PA 53, MCL 752.797, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act takes effect January 1, 2001.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4996 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.