Act No. 271
Public Acts of 2002
Approved by the Governor
May 8, 2002
Filed with the Secretary of State
May 9, 2002
EFFECTIVE DATE: May 9, 2002
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2002
Introduced by Reps. Basham, Julian and Faunce
Reps. Anderson, Bogardus, Rich Brown, Daniels, DeRossett, Frank, Hardman, Lemmons, Mans, Murphy, Neumann, Pappageorge, Phillips, Richardville, Shackleton and Stewart named co-sponsors
ENROLLED HOUSE BILL No. 5443
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 sections 16x and 16z of chapter XVII (MCL 777.16x and 777.16z), section 16x as amended by 2000 PA 473 and section 16z as amended by 2002 PA 122.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16x. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.478a(2) Pub ord H Unauthorized process to obstruct a public officer or
employee 2
750.478a(3) Pub ord G Unauthorized process to obstruct a public officer or
employee -- subsequent offense 4
750.479(2) Person G Assaulting or obstructing certain officials 2
750.479(3) Person G Assaulting or obstructing certain officials causing injury 4
750.479(4) Person D Assaulting or obstructing certain officials causing
serious impairment 10
750.479(5) Person B Assaulting or obstructing certain officials causing death 20
750.479a(2) Pub saf G Fleeing and eluding -- fourth degree 2
750.479a(3) Pub saf E Fleeing and eluding -- third degree 5
750.479a(4) Person D Fleeing and eluding -- second degree 10
750.479a(5) Person C Fleeing and eluding -- first degree 15
750.479b(1) Person F Disarming peace officer -- nonfirearm 4
750.479b(2) Person D Disarming peace officer -- firearm 10
750.480 Pub trst F Public officers -- refusing to turn over books/money to
successor 4
750.483a(2)(b) Person D Retaliating for reporting crime punishable by more than
10 years 10
750.483a(4)(b) Person D Interfering with police investigation by committing
crime or threatening to kill or injure 10
750.483a(6)(a) Pub ord F Tampering with evidence 4
750.483a(6)(b) Pub ord D Tampering with evidence in case punishable by more
than 10 years 10
750.488 Pub trst H Public officers -- state official -- retaining fees 2
750.490 Pub trst H Public money -- safekeeping 2
750.491 Pub trst H Public records -- removal/mutilation/destruction 2
750.492a(1)(a) Pub trst G Medical record -- intentionally place false information --
health care provider 4
750.492a(2) Pub trst G Medical record -- health care provider alter/conceal
injury/death 4
750.495a(2) Person F Concealing objects in trees or wood products -- causing
injury 4
750.495a(3) Person C Concealing objects in trees or wood products -- causing
death 15
750.505 Pub ord E Common law offenses 5
750.511 Person A Blocking or wrecking railroad track Life
750.512 Property E Uncoupling railroad cars 10
750.513 Property H Issuing fraudulent railroad securities 10
750.514 Property H Seizing locomotive with mail car 10
750.516 Person C Stopping train to rob Life
750.517 Person C Boarding train to rob Life
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(3)(a) Pub ord B Hindering prosecution of terrorism -- certain terrorist
acts 20
750.543h(3)(b) Pub ord A Hindering prosecution of terrorism -- act of terrorism Life
750.543k Pub saf B Soliciting or providing 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 certain
terrorist acts 20
750.543r Pub saf B Possession of vulnerable target information with intent
to commit certain terrorist acts 20
750.545 Pub ord E Misprision of treason 5
750.552b Property F Trespassing on correctional facility property 4
Enacting section 1. Section 16x of chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.16x, as amended by this amendatory act, takes effect July 15, 2002.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5442 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.