Amendment No. 2
July 15, 2003
Rep. Van Regenmorter offered the following substitute (H-4):
SUBSTITUTE FOR
HOUSE BILL NO. 4248
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 12f, 14h, 22, 33, and 48 of chapter XVII
(MCL 777.12f, 777.14h, 777.22, 777.33, and 777.48), section 12f
as added by 2002 PA 34, section 14h as added by 2002 PA 29,
section 22 as amended by 2002 PA 143, and sections 33 and 48 as
amended by 2000 PA 279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 12f. This chapter applies to the following felonies
3 enumerated in sections 625 to 625o of chapter VI of the Michigan
4 vehicle code, 1949 PA 300, within chapter 257 of the Michigan
5 Compiled Laws:
6 M.C.L. Category Class Description Stat Max
7 257.625(4)(a) Person C Operating a vehicle
8
under the influence
1
or while intoxicated
2 or impaired causing
3 death 15
4 257.625(4)(b) Person B Operating a vehicle
5
under the influence
6
or while intoxicated
7 or impaired causing
8 death to certain
9 persons 20
10 257.625(5) Person E Operating a vehicle
11
under the influence
12
or while intoxicated
13 or impaired causing
14 serious impairment 5
15 257.625(7)(a)(ii) Person E Operating a vehicle
16
under the influence
17
or while intoxicated
18 or impaired with a
19 minor in the vehicle --
20 subsequent offense 5
21 257.625(8)(c)
22 257.625(9)(c) Pub saf E Operating a vehicle
23
under the influence
24 while intoxicated or
25 with the presence of a
26 controlled substance --
27 third or subsequent
28 offense 5
29 257.625(9)(b)
30 257.625(10)(b) Person E Allowing a vehicle to be
31
operated while under
32
the influence
33 intoxicated or impaired
34 causing death 5
35 257.625(9)(c)
36 257.625(10)(c) Person G Allowing a vehicle to be
37
operated while under
38
the influence
39 intoxicated or impaired
40 causing serious
41 impairment 2
42 257.625(10)(c)
43 257.625(11)(c)
Pub saf E Impaired driving --
44
third or subsequent
45
offense Operating a
46 vehicle while impaired
1 -- third or subsequent
2 offense 5
3 257.625k(7) Pub saf D Knowingly providing false
4 information concerning
5 an ignition interlock
6 device 10
7 257.625k(9) Pub saf D Failure to report illegal
8 ignition interlock
9 device 10
10 257.625m(5) Pub saf E Commercial drunk driving
11 -- third or subsequent
12 offense 5
13 Sec. 14h. This chapter applies to the following felonies
14 enumerated in chapter 445 of the Michigan Compiled Laws:
15 M.C.L. Category Class Description Stat Max
16 445.487(2) Pub ord H Precious metal and gem
17 dealer failure to
18 record material matter
19 -- subsequent offense 2
20 445.488(2) Pub ord H Precious metal and gem
21 dealer violations --
22 subsequent offense 2
23 445.489 Pub ord H Precious metal and gem
24 dealer violations 2
25 445.490 Pub ord H Precious metal and gem
26 dealer failure to
27 obtain a certificate of
28 registration 2
29 445.779 Pub ord H Antitrust violation 2
30 445.1505 Pub trst G Franchise investment law
31 -- fraudulent
32 filing/offers 7
33 445.1508 Pub trst G Franchise investment law
34 -- sale without proper
35 disclosure 7
36 445.1513 Pub trst G Franchise investment law
37 -- illegal offers/sales 7
38 445.1520 Pub trst G Franchise investment law
1 -- keeping records 7
2 445.1521 Pub trst G Franchise investment law
3 -- false representation 7
4 445.1523 Pub trst G Franchise investment law
5 -- false statements of
6 material fact 7
7 445.1525 Pub trst G Franchise investment law
8 -- false advertising 7
9 445.1528 Pub trst D Pyramid/chain promotions
10 -- offer or sell 7
11 445.1671 Pub trst E Mortgage brokers, lenders
12 -- knowingly giving a
13 false statement 15
14 445.1679 Pub trst H Mortgage brokers act --
15 general violations 3
16 445.2507(2) Pub ord F Violation of unsolicited
17 commercial e-mail
18 protection act in
19 furtherance of crime 4
20 Sec. 22. (1) For all crimes against a person, score offense
21 variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20.
22 Score offense variables 5 and 6 for homicide, attempted homicide,
23 conspiracy or solicitation to commit a homicide, or assault with
24 intent to commit murder. Score offense variable 16 under this
25 subsection for a violation or attempted violation of section 110a
26 of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score
27 offense variables 17 and
18 if an element of the offense or
28 attempted offense involves the operation of a vehicle, vessel,
29 ORV, snowmobile, aircraft, or locomotive.
30 (2) For all crimes against property, score offense variables
31 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
32 (3) For all crimes involving a controlled substance, score
1 offense variables 1, 2, 3, 12, 13, 14, 15, 19, and 20.
2 (4) For all crimes against public order and all crimes
3 against public trust, score offense variables 1, 3, 4, 9, 10, 12,
4 13, 14, 16, 19, and 20.
5 (5) For all crimes against public safety, score offense
6 variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20. Score
7 offense variable 18 if an
element of the offense or attempted
8 offense involves the operation of a vehicle, vessel, ORV,
9 snowmobile, aircraft, or locomotive.
10 Sec. 33. (1) Offense variable 3 is physical injury to a
11 victim. Score offense variable 3 by determining which of the
12 following apply and by assigning the number of points
13 attributable to the one that has the highest number of points:
14 (a) A victim was killed.......................... 100 points
15 (b) A victim was
killed.......................... 35 50
16 points
17 (c) Life threatening or permanent incapacitating
18 injury occurred to a victim........................... 25 points
19 (d) Bodily injury requiring medical treatment
20 occurred to a victim.................................. 10 points
21 (e) Bodily injury not requiring medical treatment
22 occurred to a victim.................................. 5 points
23 (f) No physical injury occurred to a victim...... 0 points
24 (2) All of the following apply to scoring offense variable
25 3:
26 (a) In multiple offender cases, if 1 offender is assessed
27 points for death or physical injury, all offenders shall be
1 assessed the same number of points.
2 (b) Score 100 points if death results from the commission of
3 a crime and homicide is not the sentencing offense.
4 (c) Score 35 50
points if death results from the commission
5 of a crime and the elements
of the offense or attempted offense
6 involve involves the operation of a vehicle, vessel,
ORV,
7 snowmobile, aircraft, or
locomotive under the influence or while
8 impaired causing
death. and any of the following
apply:
9 (i) The offender was under the influence of or visibly
10 impaired by the use of alcoholic liquor, a controlled substance,
11 or a combination of alcoholic liquor and a controlled substance.
12 (ii) The offender had an alcohol content of 0.08 grams or
13 more per 100 milliliters of blood, per 210 liters of breath, or
14 per 67 milliliters of urine or, beginning October 1, 2013, the
15 offender had an alcohol content of 0.10 grams or more per 100
16 milliliters of blood, per 210 liters of breath, or per 67
17 milliliters of urine.
18 (iii) The offender's body contained any amount of a
19 controlled substance listed in schedule 1 under section 7212 of
20 the public health code, 1978 PA 368, MCL 333.7212, or a rule
21 promulgated under that section, or a controlled substance
22 described in section 7214(a)(iv) of the public health code, 1978
23 PA 368, MCL 333.7214.
24 (d) Do not score 5 points if bodily injury is an element of
25 the sentencing offense.
26 (3) As used in this section, "requiring medical treatment"
27 refers to the necessity for treatment and not the victim's
1 success in obtaining treatment.
2 Sec. 48. (1) Offense variable 18 is operator ability
3 affected by alcohol or drugs. Score offense variable 18 by
4 determining which of the following apply and by assigning the
5 number of points attributable to the one that has the highest
6 number of points:
7 (a) The offender operated a vehicle, vessel, ORV,
8 snowmobile, aircraft, or locomotive when his or her
9 bodily alcohol content was 0.20 grams or more per 100
10 milliliters of blood, per 210 liters of breath, or per
11 67 milliliters of urine............................... 20 points
12 (b) The offender operated a vehicle, vessel, ORV,
13 snowmobile, aircraft, or locomotive when his or her
14 bodily alcohol content was 0.15 grams or more but less
15 than 0.20 grams per 100 milliliters of blood, per 210
16 liters of breath, or per 67 milliliters of urine...... 15 points
17 (c) The offender operated a vehicle, vessel, ORV,
18 snowmobile, aircraft, or
locomotive when his or her
19 bodily alcohol content
was 0.10 grams or more but less
20 than 0.15 grams per
100 milliliters of blood, per 210
21 liters of breath, or
per 67 milliliters of urine, or
22 while he or she was
under the influence of
23 intoxicating liquor or
a controlled substance or a
24 combination of
intoxicating liquor and a controlled
25 substance while the offender was under the influence
26 of alcoholic or intoxicating liquor, a controlled
27 substance, or a combination of alcoholic or
1 intoxicating liquor and a controlled substance; or
2 while the offender's body contained any amount of a
3 controlled substance listed in schedule 1 under
4 section 7212 of the public health code, 1978 PA 368,
5 MCL 333.7212, or a rule promulgated under that
6 section, or a controlled substance described in
7 section 7214(a)(iv) of the public health code, 1978 PA
8 368, MCL 333.7214; or while the offender had an
9 alcohol content of 0.08 grams or more but less than
10 0.15 grams per 100 milliliters of blood, per 210
11 liters of breath, or per 67 milliliters of urine or,
12 beginning October 1, 2013, the offender had an alcohol
13 content of 0.10 grams or more but less than 0.15 grams
14 per 100 milliliters of blood, per 210 liters of
15 breath, or per 67 milliliters of urine................ 10 points
16 (d) The offender operated a vehicle, vessel, ORV,
17 snowmobile, aircraft, or
locomotive when his or her
18 bodily alcohol content
was 0.07 grams or more but less
19 than 0.10 grams per
100 milliliters of blood, per 210
20 liters of breath, or
per 67 milliliters of urine, or
21 while he or she was visibly impaired by the use of
22 alcoholic or intoxicating liquor or a controlled
23 substance or a combination of alcoholic or
24 intoxicating liquor and a controlled substance, or was
25 less than 21 years of age and had any bodily alcohol
26 content............................................... 5 points
27 (e) The offender's ability to operate a vehicle,
House Bill No. 4248 (H-4) as amended July 15, 2003
1 vessel, ORV, snowmobile, aircraft, or locomotive was
2 not affected by an alcoholic or intoxicating liquor or
3 a controlled substance or a combination of alcoholic
4 or intoxicating liquor and a controlled substance..... 0 points
5 (2) As used in this section, "any bodily alcohol content"
6 means either of the following:
7 (a) An alcohol
content of [not
less than] 0.02 grams or more
8 but less than 0.07 0.08
grams per 100 milliliters of blood, per
9 210 liters of breath, or per 67 milliliters of urine or,
10 beginning October 1, 2013, 0.02 grams or more but less than 0.10
11 grams per 100 milliliters of blood, per 210 liters of breath, or
12 per 67 milliliters of urine.
13 (b) Any presence of alcohol within an individual's body
14 resulting from the consumption of alcoholic or intoxicating
15 liquor other than the consumption of alcoholic or intoxicating
16 liquor as part of a generally recognized religious service or
17 ceremony.
18 Enacting section 1. This amendatory act takes effect
19 September 30, 2003.
20 Enacting section 2. This amendatory act does not take
21 effect unless all of the following bills of the 92nd Legislature
22 are enacted into law:
23 (a) House Bill No. 4247.
24 (b) House Bill No. 4519.