Act No. 47
Public Acts of 2002
Approved by the Governor
March 13, 2002
Filed with the Secretary of State
March 14, 2002
EFFECTIVE DATE: June 1, 2002
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2002
Introduced by Reps. Kowall, Bernero, Julian, Faunce, Meyer, Richardville, Hager, Gilbert, Stamas, Allen, Tabor, George, O'Neil, McConico, Wojno, Rison, Neumann, Sheltrown, Hale, Anderson, Schauer, Bob Brown, Rivet, Bovin, Dennis, Phillips, Zelenko, Murphy, Spade, Mans, Whitmer, Rich Brown, Gieleghem, Jamnick, Vander Veen, Voorhees, Gosselin, Pappageorge, Shackleton, DeRossett, Toy and Cassis
ENROLLED HOUSE BILL No. 5033
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 16g of chapter XVII (MCL 777.16g), as amended by 2000 PA 279.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | ||
| 750.135 | Person | D | Exposing children with intent to injure or abandon | 10 | ||
| 750.136b(2) | Person | B | Child abuse -- first degree | 15 | ||
| 750.136b(4) | Person | F | Child abuse -- second degree | 4 | ||
| 750.136b(5) | Person | G | Child abuse -- third degree | 2 | ||
| 750.136c | Person | B | Buying or selling an individual | 20 | ||
| 750.145a | Person | F | Soliciting child to commit an immoral act | 4 | ||
| 750.145b | Person | D | Accosting children for immoral purposes with prior | |||
| conviction | 10 | |||||
| 750.145c(2) | Person | B | Child sexually abusive activity or materials -- active | |||
| involvement | 20 | |||||
| 750.145c(3) | Person | D | Child sexually abusive activity or materials -- | |||
| distributing, promoting, or financing | 7 | |||||
| 750.145d(2)(b) | Variable | G | Using internet or computer to commit crime punishable | |||
| by a maximum term of imprisonment of at least | ||||||
| 1 year but less than 2 years | 2 | |||||
| 750.145d(2)(c) | Variable | F | Using internet or computer to commit crime punishable | |||
| by a maximum term of imprisonment of at least | ||||||
| 2 years but less than 4 years | 4 | |||||
| 750.145d(2)(d) | Variable | D | Using internet or computer to commit crime punishable | |||
| by a maximum term of imprisonment of at least | ||||||
| 4 years but less than 10 years | 10 | |||||
| 750.145d(2)(e) | Variable | C | Using internet or computer to commit crime punishable | |||
| by a maximum term of imprisonment of at least | ||||||
| 10 years but less than 15 years | 15 | |||||
| 750.145d(2)(f) | Variable | B | Using internet or computer to commit crime punishable | |||
| by a maximum term of imprisonment of at least | ||||||
| 15 years or for life | 20 | |||||
| 750.145n(1) | Person | C | Vulnerable adult abuse -- first degree | 15 | ||
| 750.145n(2) | Person | F | Vulnerable adult abuse -- second degree | 4 | ||
| 750.145n(3) | Person | G | Vulnerable adult abuse -- third degree | 2 | ||
| 750.145o | Person | E | Death of vulnerable adult caused by unlicensed caretaker | 5 | ||
| 750.145p(1) | Person | G | Vulnerable adult -- commingling funds, obstructing | |||
| investigation, or filing false information | 2 | |||||
| 750.145p(2) | Person | G | Retaliation or discrimination by caregiver against | |||
| vulnerable adult | 2 | |||||
| 750.145p(5) | Person | E | Vulnerable adult -- caregiver violations -- subsequent | |||
| offense | 5 | |||||
| 750.147b | Person | G | Ethnic intimidation | 2 | ||
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act takes effect June 1, 2002.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5449 of the 91st Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.