HOUSE BILL No. 5295


     October 18, 2001, Introduced by Rep. DeRossett and referred to the Committee on Criminal Justice.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   (MCL 760.1 to 777.69) by adding section 2 to chapter II.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                  CHAPTER II

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           SEC. 2.  (1) A PERSON MAY BE PROSECUTED FOR A CRIMINAL

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      OFFENSE HE OR SHE COMMITS WHILE HE OR SHE IS PHYSICALLY LOCATED

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      WITHIN THIS STATE OR OUTSIDE OF THIS STATE IF ANY OF THE FOLLOW-

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      ING CIRCUMSTANCES EXIST:

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           (A) HE OR SHE COMMITS A CRIMINAL OFFENSE WHOLLY OR PARTLY

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      WITHIN THIS STATE.

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           (B) HIS OR HER CONDUCT CONSTITUTES AN ATTEMPT TO COMMIT A

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      CRIMINAL OFFENSE WITHIN THIS STATE.

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           (C) HIS OR HER CONDUCT CONSTITUTES A CONSPIRACY TO COMMIT A

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      CRIMINAL OFFENSE WITHIN THIS STATE AND AN ACT IN FURTHERANCE OF


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      THE CONSPIRACY IS COMMITTED WITHIN THIS STATE BY THE OFFENDER, OR

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      AT HIS OR HER INSTIGATION, OR BY ANOTHER MEMBER OF THE

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      CONSPIRACY.

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           (D) A VICTIM OF THE OFFENSE OR AN EMPLOYEE OR AGENT OF A

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      GOVERNMENTAL UNIT POSING AS A VICTIM RESIDES IN THIS STATE OR IS

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      LOCATED IN THIS STATE AT THE TIME THE CRIMINAL OFFENSE IS

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      COMMITTED.

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           (E) THE CRIMINAL OFFENSE PRODUCES SUBSTANTIAL AND DETRIMEN-

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      TAL EFFECTS WITHIN THIS STATE.

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           (2) A CRIMINAL OFFENSE IS CONSIDERED UNDER SUBSECTION (1) TO

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      BE COMMITTED PARTLY WITHIN THIS STATE IF ANY OF THE FOLLOWING

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      APPLY:

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           (A) AN ACT CONSTITUTING AN ELEMENT OF THE CRIMINAL OFFENSE

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      IS COMMITTED WITHIN THIS STATE.

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           (B) THE RESULT OR CONSEQUENCES OF AN ACT CONSTITUTING AN

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      ELEMENT OF THE CRIMINAL OFFENSE OCCUR WITHIN THIS STATE.

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           (C) THE CRIMINAL OFFENSE PRODUCES CONSEQUENCES THAT HAVE A

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      MATERIALLY HARMFUL IMPACT UPON THE SYSTEM OF GOVERNMENT OR THE

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      COMMUNITY WELFARE OF THIS STATE, OR RESULTS IN PERSONS WITHIN

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      THIS STATE BEING DEFRAUDED OR OTHERWISE HARMED.

















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