Act No. 24
Public Acts of 2002
Approved by the Governor
March 5, 2002
Filed with the Secretary of State
March 6, 2002
EFFECTIVE DATE: 91st day after final adjournment of 2002 Regular Session
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2002
Introduced by Senator Hoffman
ENROLLED SENATE BILL No. 505
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 2001 PA 160.
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 Description Stat Max
205.27(1)(a) Pub trst G Failure to file or false tax return or payment 5
205.27(1)(b) Pub trst G Aiding and abetting tax evasion or filing false returns 5
205.27(1)(c) Pub trst G Making/permitting false tax returns or payments 5
205.27(3) Pub trst G False tax returns/perjury 15
205.28(1)(e) Pub trst G State employee compromising taxes 5
205.28(1)(f) Pub trst G Unauthorized disclosure of tax information 5
205.428(2) Pub trst G Tobacco products tax act violations 5
205.428(3) Pub trst G Illegal sale of cigarettes or other tobacco products
with wholesale price of $250.00 or more 5
205.428(6) Pub trst F Illegal tobacco stamp or tobacco stamp device 10
205.428(7) Pub trst G Illegal vending machine license, disk, or marker 5
207.118a Pub ord G Gasoline tax -- embezzlement over $100 10
207.119 Pub trst G Gasoline or motor fuel tax violation 4
207.127c Pub ord G Diesel fuel tax -- embezzlement over $100 10
207.754(3) Pub trst G State treasurer -- municipality tax -- divulging
confidential information 5
252.311 Property H Destroying a tree or shrub to make a sign more visible 2
257.233a(7) Pub ord G Odometer tampering 5
257.254 Property E Possessing stolen vehicle title 10
257.257(1) Property G Altering or forging vehicle documents -- first offense 5
257.257(2) Property G Altering or forging vehicle documents -- second offense 7
257.257(3) Property E Altering or forging vehicle documents -- third or
subsequent offense 15
257.309(6) Pub ord F Corrupting an examining officer 5
257.309(7) Pub ord F Deviating from road test criteria 5
257.309(8) Pub ord F Forging, counterfeiting, or altering road test
certification 5
257.312b(6) Pub ord F Corrupting 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
257.601b(3) Person C Moving violation causing death to construction worker 15
257.601c(2) Person C Moving violation causing death to operator of implement
of husbandry 15
257.602a(2) Pub saf G Fleeing and eluding -- fourth degree 2
257.602a(3) Pub saf E Fleeing and eluding -- third degree 5
257.602a(4) Person D Fleeing and eluding -- second degree 10
257.602a(5) Person C Fleeing and eluding -- first degree 15
257.617(2) Person E Failure to stop at scene of accident resulting in
serious impairment or death 5
257.617(3) Person C Failure to stop at scene of accident resulting in death
when at fault 15
257.625(4)(a) Person C Operating a vehicle under the influence or while
impaired causing death 15
257.625(4)(b) Person B Operating a vehicle under the influence or while
impaired causing death to certain persons 20
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 illegal ignition interlock device 10
257.625m(5) Pub saf E Commercial drunk driving -- third or subsequent offense 5
257.626c Person G Felonious driving 2
257.653a(3) Person G Failure to use due care and caution causing injury to
emergency personnel 2
257.653a(4) Person C Failure to use due care and caution causing death to
emergency personnel 15
257.744a Pub saf D False statement in citation -- perjury 15
257.902 Pub saf E Motor vehicle code violations 5
257.903(1) Property E Motor vehicle code -- false certification -- first offense 5
257.903(2) Property E Motor vehicle code -- false certification -- second offense 7
257.903(3) Property D Motor 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 trst H Motor vehicle -- general violations -- subsequent offense 2
257.1355 Pub trst H Motor vehicle -- fail to record transaction/falsify records 2
259.80f(3) Pub saf D Possessing weapon in sterile area of commercial airport 10
259.83(2)(b) Pub saf G Aircraft -- failure to comply with certification
requirements -- second violation 2
259.83(2)(c) Pub saf F Aircraft -- failure to comply with certification
requirements -- third or subsequent violation 4
259.83b(2)(a) Pub saf F Conducting flight operations without certificate 4
259.83b(2)(b) Pub saf E Conducting flight operations without certificate --
second violation 5
259.83b(2)(c) Pub saf D Conducting flight operations without certificate --
third or subsequent violation 10
259.183 Property E Aircraft -- unlawful taking or tampering 5
259.185(4) Person C Operating 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
285.82 Pub trst H Grain dealers act violations 5
285.279(c) Property E False pretenses under Michigan family farm
development act involving $1,000 to $20,000
or with prior convictions 5
285.279(d) Property D False pretenses under Michigan family farm
development act involving $20,000 or more or
with prior convictions 10
286.455(2) Pub saf G Agriculture -- hazardous substance 5
286.929(4) Pub trst G Organic products act violations 4
287.323(1) Person C Dangerous animal causing death 15
287.323(2) Person G Dangerous animal causing serious injury 4
287.679 Pub ord H Dead animals -- third or subsequent violation 1
287.744(1) Pub ord G Animal industry act violations 5
287.855 Pub saf G Agriculture -- contaminating livestock/false
statement/violation of quarantine 5
287.967(5) Pub ord G Cervidae producer violations 4
288.223 Pub saf G Sale or labeling of oleomargarine violations 3
288.257 Pub saf G Margarine violations 3
288.284 Pub trst H Selling falsely branded cheese 2
289.5107(2) Pub saf F Adulterated, misbranded, or falsely identified food 4
290.629(1) Person G Weights and measures -- assaults enforcement officer 2
290.631(3) Pub trst G Weights and measures 5
290.650 Person G Motor 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 all of the following bills of the 91st Legislature are enacted into law:
(a) Senate Bill No. 502.
(b) Senate Bill No. 541.
Enacting section 2. This amendatory act takes effect April 1, 2002.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.