Act No. 279

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 Senators Dingell and McCotter

ENROLLED SENATE BILL No. 1047

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 16r of chapter XVII (MCL 777.16r), as amended by 2002 PA 102.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.356(2) Property D Larceny involving $20,000 or more or with prior
convictions 10

750.356(3) Property E Larceny involving $1,000 to $20,000 or with prior
convictions 5

750.356a(1) Property G Larceny from a motor vehicle 5

750.356a(2)(c) Property E Breaking and entering a vehicle to steal $1,000 to
$20,000 or with prior convictions 5

750.356a(2)(d) Property D Breaking and entering a vehicle to steal $20,000 or
more or with prior convictions 10

750.356a(3) Property G Breaking and entering a vehicle to steal causing
damage 5

750.356b Property G Breaking and entering a coin telephone 4

750.356c Property E Retail fraud -- first degree 5

750.357 Person D Larceny from the person 10

750.357a Property G Larceny of livestock 4

750.357b Property E Larceny -- stealing firearms of another 5

750.358 Property G Larceny from burning building 5

750.360 Property G Larceny in a building 4

750.360a(2)(b) Property F Theft detection device offense with prior conviction 4

750.361 Property H Trains -- stealing/maliciously removing parts 2

750.362 Property E Larceny by conversion involving $1,000 to $20,000
or with prior convictions 5

Property D Larceny by conversion involving $20,000 or more
or with prior convictions 10

750.362a(2) Property D Larceny of rental property involving $20,000 or
more or with prior convictions 10

750.362a(3) Property E Larceny of rental property involving $1,000 to
$20,000 or with prior convictions 5

750.363 Property E Larceny by false personation involving $1,000 to
$20,000 or with prior convictions 5

Property D Larceny by false personation involving $20,000 or
more 10

750.365 Person D Larceny from car or persons detained or injured
by accident 20

750.367 Property E Larceny of trees or shrubs involving $1,000 to
$20,000 or with prior convictions 5

Property D Larceny of a tree or shrub involving $20,000 or
more or with prior convictions 10

750.367b Property E Airplanes -- taking possession 5

750.368(5) Pub ord G Preparing, serving, or executing unauthorized
process -- third or subsequent offense 4

750.372 Pub ord H Running or allowing lottery 2

750.373 Pub ord H Selling or possessing lottery tickets 2

750.374 Pub ord H Lottery violations -- subsequent offense 4

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1046 of the 91st Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.