Act No. 457

Public Acts of 2000

Approved by the Governor

January 10, 2001

Filed with the Secretary of State

January 10, 2001

EFFECTIVE DATE: March 28, 2001

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Rep. DeWeese

ENROLLED HOUSE BILL No. 4779

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 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 279.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 12. This chapter applies to the following felonies enumerated in chapters 200 to 299 of the Michigan Compiled Laws:
M.C.L.Category Class DescriptionStat Max
205.27(1)(a)Pub trstGFailure to file or false tax return or payment 5
205.27(1)(b)Pub trstGAiding and abetting tax evasion or filing false returns 5
205.27(1)(c)Pub trstGMaking/permitting false tax returns or payments 5
205.27(3)Pub trstGFalse tax returns/perjury15
205.28(1)(e)Pub trstGState employee compromising taxes 5
205.28(1)(f)Pub trstGUnauthorized disclosure of tax information 5
205.428(2)Pub trstGTobacco products tax act violations 5
205.428(3)Pub trstGIllegal sale of cigarettes or other tobacco products with

wholesale price of $250.00 or more 5
205.428(6)Pub trstFIllegal tobacco stamp or tobacco stamp device10
205.428(7)Pub trstGIllegal vending machine license, disk, or marker 5
207.118aPub ordGGasoline tax--embezzlement over $10010
207.119Pub trstGGasoline or motor fuel tax violation 4
207.127cPub ordGDiesel fuel tax--embezzlement over $10010
207.754(3)Pub trstGState treasurer--municipality tax--divulging confidential

information 5
252.311PropertyHDestroying a tree or shrub to make a sign more visible 2
257.233a(7)Pub ordGOdometer tampering 5
257.254PropertyEPossessing stolen vehicle title10
257.257(1)PropertyGAltering or forging vehicle documents--first offense 5
257.257(2)PropertyGAltering or forging vehicle documents--second offense 7
257.257(3)PropertyEAltering or forging vehicle documents--third or subsequent

offense 15
257.309(6)Pub ordFCorrupting an examining officer 5
257.309(7)Pub ordFDeviating from road test criteria 5
257.309(8)Pub ordFForging, counterfeiting, or altering road test certification 5
257.312b(6)Pub ordFCorrupting a person or agency conducting a motorcycle

driving test 5

257.312b(7) Pub ord F Deviating from motorcycle road test criteria 5

257.312b(8) Pub ord F Forging, counterfeiting, or altering motorcycle road

test certification 5

257.329(1) Property G Possession/sale of stolen or counterfeit insurance certificates 5

257.329(2) Property E Possession/sale of stolen or counterfeit insurance

certificates--second offense 7

257.329(3) Property E Possession/sale of stolen or counterfeit insurance certificates--

third or subsequent offense 15
257.602a(2)Pub safGFleeing and eluding--fourth degree 2
257.602a(3)Pub safEFleeing and eluding--third degree 5
257.602a(4)PersonDFleeing and eluding--second degree10
257.602a(5)PersonCFleeing and eluding--first degree15
257.617PersonEFailure to stop at scene of a serious personal injury accident 5
257.625(4)PersonCOperating a vehicle under the influence or while impaired

causing death 15

257.625(5) Person E Operating a vehicle under the influence or while impaired

causing serious impairment 5

257.625(7)(a)(ii) Person E Operating a vehicle under the influence or while impaired

with a minor in the vehicle--subsequent offense 5

257.625(8)(c) Pub saf E Operating a vehicle under the influence--third or

subsequent offense 5

257.625(9)(b) Person E Allowing a vehicle to be operated while under the influence

or impaired causing death 5

257.625(9)(c) Person G Allowing a vehicle to be operated while under the influence

or impaired causing serious impairment 2

257.625(10)(c) Pub saf E Impaired driving--third or subsequent offense 5

257.625k(7) Pub saf D Knowingly providing false information concerning an

ignition interlock device 10

257.625k(9) Pub saf D Failure to report that an ignition interlock device does not

meet legal requirement 10
257.625m(5)Pub safECommercial drunk driving--third or subsequent offense 5
257.744aPub safDFalse statement in citation--perjury15
257.902Pub safEMotor vehicle code violations 5
257.903(1)PropertyEMotor vehicle code--false certification--first offense 5
257.903(2)PropertyEMotor vehicle code--false certification--second offense 7
257.903(3)PropertyDMotor vehicle code--false certification--third or

subsequent offense 15

257.904(4) Person C Operating a vehicle without a license causing death 15

257.904(5) Person E Operating a vehicle without a license causing serious

impairment 5

257.904(7) Person G Allowing a vehicle to be operated without a license

causing serious impairment 2

Person E Allowing a vehicle to be operated without a license

causing death 5

257.1353(2) Pub trst H Motor vehicle--fail to record material matter--subsequent

offense 2
257.1354(2)Pub trstHMotor vehicle--general violations--subsequent offense 2
257.1355Pub trstHMotor vehicle--fail to record transaction/falsify records 2
259.183PropertyEAircraft--unlawful taking or tampering 5
259.185(4)PersonCOperating or serving as crew of aircraft while under the

influence causing death 15

259.185(5) Person E Operating or serving as crew of aircraft while under the

influence causing serious impairment 5

259.185(8) Pub saf E Operating or serving as crew of aircraft while under the

influence--third or subsequent offense 5
285.82Pub trstHGrain dealers act violations 5
285.279Pub trstEFalsely obtaining money--agricultural land10
286.455(2)Pub safGAgriculture--hazardous substance 5
286.929(4)Pub trstGOrganic products act violations 4
287.77(1)Pub safHAgriculture--livestock condemnation 4
287.323(1)PersonCDangerous animal causing death15
287.323(2)PersonGDangerous animal causing serious injury 4
287.679Pub ordHDead animals 1
287.744(1)Pub ordGAnimal industry act violations 5
287.855Pub safGAgriculture--contaminating livestock/false statement/violation

of quarantine 5
287.967(5)Pub ordGCervidae producer violation 4
288.223Pub safGSale or labeling of oleomargarine violations 3
288.257Pub safGMargarine violations 3
288.284Pub trstHSelling falsely branded cheese 2
289.5107(2)Pub safFAdulterated, misbranded, or falsely identified food 4
290.629(1)PersonGWeights and measures--assaults enforcement officer 2
290.631(3)Pub trstGWeights and measures 5
290.650PersonGMotor fuels--assaulting/obstructing director or authorized

representative 2

290.650b(3) Pub trst H Motor fuels violations 2

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4778 of the 90th Legislature is enacted into law.

 

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.