Act No. 122

Public Acts of 2002

Approved by the Governor

March 29, 2002

Filed with the Secretary of State

April 1, 2002

EFFECTIVE DATE: April 22, 2002

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2002

Introduced by Senators Koivisto, Cherry, Hoffman, Byrum, Leland, Goschka and McCotter

ENROLLED SENATE BILL No. 995

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 16z of chapter XVII (MCL 777.16z), as amended by 2000 PA 279.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16z. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L.	Category	Class	Description		Stat Max
750.535(2)	Property	D	Receiving or concealing stolen property having a
				value of $20,000 or more or with prior convictions	10
750.535(3)	Property	E	Receiving or concealing stolen property having a
				value of $1,000 to $20,000 or with prior convictions	5
750.535a(2)	Pub ord	D	Operating a chop shop		10
750.535a(3)	Pub ord	D	Operating a chop shop, subsequent violation		10
750.535b	Pub saf	E	Stolen firearms or ammunition		10
750.539c	Pub ord	H	Eavesdropping		2
750.539d	Pub ord	H	Installing eavesdropping device		2
750.539e	Pub ord	H	Divulging or using information obtained by			eavesdropping
					2
750.539f	Pub ord	H	Manufacture or possession of eavesdropping device		2
750.540	Pub ord	H	Tapping or cutting telephone lines		2
750.540c(3)	Property	F	Manufacturing or delivering a counterfeit
				communications device	4
750.540f(2)	Property	E	Knowingly publishing a communications access device
				with prior convictions	5
750.540g(1)(c)	Property	E	Diverting telecommunication services having a value
				of $1,000 to $20,000 or with prior convictions	5
750.540g(1)(d)	Property	D	Diverting telecommunications services having a value
				of $20,000 or more or with prior convictions	10
750.543f	Person	A	Terrorism without causing death		Life
750.543h	Pub ord	A	Hindering prosecution of terrorism		Life
750.543k	Pub saf	B	Soliciting material support for terrorism or terrorist
				acts	20
750.543m	Pub ord	B	Threat or false report of terrorism		20
750.543p	Pub saf	B	Use of internet or telecommunications to commit
				terrorism	20
750.543r	Pub saf	B	Surveillance of vulnerable target with intent to commit
				terrorism	20
750.545	Pub ord	E	Misprision of treason		5
750.552b	Property	F	Trespassing on correctional facility property		4

Enacting section 1. This amendatory act takes effect April 22, 2002.

Enacting section 2. 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. 930.

(b) Senate Bill No. 939.

(c) Senate Bill No. 942.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.