SENT. GUID.: SOLICITING A CHILD - H.B. 5033 (S-1): FLOOR ANALYSIS
House Bill 5033 (Substitute S-1 as reported by the Committee of the Whole)
Sponsor: Representative Mike Kowall
House Committee: Criminal Justice
Senate Committee: Judiciary
CONTENT
The bill would amend the Code of Criminal Procedure to add a sentencing guidelines designation for accosting, enticing, or soliciting a child to commit an immoral act, and to revise the sentencing guidelines designation for a subsequent offense of accosting children for immoral purposes. The bill would take effect on June 1, 2002, and is tie-barred to House Bill 5449.
The bill would add to the sentencing guidelines soliciting a child to commit an immoral act (MCL 750.145a). The offense would be designated a Class F felony against a person, with a statutory maximum sentence of four years' imprisonment. (Currently, that violation is a misdemeanor punishable by up to one year's imprisonment. House Bill 5449 (S-1) would make the offense a felony punishable by up to four years' imprisonment and/or a maximum fine of $2,000.)
In addition, the bill would revise the sentencing guidelines designation for a subsequent offense of accosting children for immoral purposes (MCL 750.145b). Currently, that violation is a Class F felony against a person, with a statutory maximum sentence of four years' imprisonment. Under the bill, it would be a Class D felony against a person, with a statutory maximum sentence of 10 years' imprisonment, as proposed by House Bill 5449 (S-1). The bill also would refer to a violation with a prior conviction rather than to a subsequent offense.
MCL 777.16g - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
Please see FISCAL IMPACT on House Bill 4325 (S-1).
Date Completed: 2-13-02 - Fiscal Analyst: Bethany Wicksall
floor\hb5033 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.