SENATE BILL No. 38

January 30, 2001, Introduced by Senators NORTH, GOSCHKA, SHUGARS and

DE BEAUSSAERT and referred to the Committee on Judiciary.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80177 and 80178 (MCL 324.80177 and

324.80178), as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 80177. (1) If a person is convicted of violating sec-

2 tion 80176(1), the following apply:

3 (a) Except as otherwise provided in subdivisions (b) and

4 (c), the person is guilty of a misdemeanor and shall be punished

5 by 1 or more of the following:

6 (i) Community service for not more than 45 days.

7 (ii) Imprisonment for not more than 90 93 days.

8 (iii) A fine of not less than $100.00 or more than $500.00.

9 (b) If the violation occurs within 7 years of a prior

10 conviction, the person shall be sentenced to both a fine of not

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1 less than $200.00 or more than $1,000.00 and either of the

2 following:

3 (i) Community service for not less than 10 days or more than

4 90 days, and may be imprisoned for not more than 1 year.

5 (ii) Imprisonment for not less than 48 consecutive hours or

6 more than 1 year, and may be sentenced to community service for

7 not more than 90 days.

8 (c) If the violation occurs within 10 years of 2 or more

9 prior convictions, the person is guilty of a felony and shall be

10 sentenced to imprisonment for not less than 1 year or more than 5

11 years, or a fine of not less than $500.00 or more than $5,000.00,

12 or both.

13 (2) A term of imprisonment imposed under subdivision (b)(ii)

14 shall not be suspended. A person sentenced to perform service to

15 the community under this section shall not receive compensation

16 and shall reimburse the state or appropriate local unit of gov-

17 ernment for the cost of supervision incurred by the state or

18 local unit of government as a result of the person's activities

19 in that service.

20 (3) In addition to the sanctions prescribed under

21 subsection (1) and section 80176(4) and (5), the court may, pur-

22 suant to the code of criminal procedure, Act No. 175 of the

23 Public Acts of 1927, being sections 760.1 to 776.21 of the

24 Michigan Compiled Laws 1927 PA 175, MCL 760.1 TO 777.69, order

25 the person to pay the costs of the prosecution. The court shall

26 also impose sanctions under sections 80185 and 80186.

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1 (4) A person who is convicted of violating section 80176(2)

2 is guilty of a misdemeanor, punishable by imprisonment for not

3 more than 90 93 days, or a fine of not less than $100.00 or

4 more than $500.00, or both.

5 (5) As used in this section, "prior conviction" means a con-

6 viction for a violation of any of the following:

7 (a) Section 80176(1), (4), or (5).

8 (b) Former section 171(1), (4), or (5) of the marine safety

9 act.

10 (c) Former section 73 of the marine safety act.

11 (d) A local ordinance substantially corresponding to section

12 80176(1) or former section 73 of the marine safety act.

13 (e) A law of another state substantially corresponding to

14 section 80176(1), (4), or (5) or former section 73 of the marine

15 safety act.

16 Sec. 80178. (1) If a person is convicted of violating sec-

17 tion 80176(3), the following apply:

18 (a) Except as otherwise provided in subdivisions (b) and

19 (c), the person is guilty of a misdemeanor punishable by 1 or

20 more of the following:

21 (i) Community service for not more than 45 days.

22 (ii) Imprisonment for not more than 90 93 days.

23 (iii) A fine of not more than $300.00.

24 (b) If the violation occurs within 7 years of 1 prior con-

25 viction, the person shall be sentenced to both a fine of not less

26 than $200.00 or more than $1,000.00, and either of the

27 following:

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1 (i) Community service for not less than 10 days or more than

2 90 days, and may be sentenced to imprisonment for not more than 1

3 year.

4 (ii) Imprisonment for not more than 1 year, and may be sen-

5 tenced to community service for not more than 90 days.

6 (c) If the violation occurs within 10 years of 2 or more

7 prior convictions, the person shall be sentenced to both a fine

8 of not less than $200.00 or more than $1,000.00, and either of

9 the following:

10 (i) Community service for a period of not less than 10 days

11 or more than 90 days, and may be sentenced to imprisonment for

12 not more than 1 year.

13 (ii) Imprisonment for not more than 1 year, and may be sen-

14 tenced to community service for not more than 90 days.

15 (2) In addition to the sanctions prescribed in subsection

16 (1), the court may, pursuant to the code of criminal procedure,

17 Act No. 175 of the Public Acts of 1927, being sections 760.1 to

18 776.21 of the Michigan Compiled Laws 1927 PA 175, MCL 760.1 TO

19 777.69, order the person to pay the costs of the prosecution.

20 The court shall also impose sanctions under sections 80185 and

21 80186.

22 (3) A person sentenced to perform service to the community

23 under this section shall not receive compensation, and shall

24 reimburse the state or appropriate local unit of government for

25 the cost of supervision incurred by the state or local unit of

26 government as a result of the person's activities in that

27 service.

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1 (4) As used in this section, "prior conviction" means a

2 conviction for a violation of any of the following:

3 (a) Section 80176(1), (3), (4), or (5).

4 (b) Former section 171(1) of the marine safety act.

5 (c) Former section 73 of the marine safety act.

6 (d) Former section 73b of the marine safety act.

7 (e) A local ordinance substantially corresponding to section

8 80176(1), former section 73 of the marine safety act, or former

9 section 73b of the marine safety act.

10 (f) A law of another state substantially corresponding to

11 section 80176(1), (3), (4), or (5), former section 73 of the

12 marine safety act, or former section 73b of the marine safety

13 act.

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