June 22, 2004, Introduced by Senators BROWN, BISHOP, GOSCHKA, GARCIA, VAN WOERKOM, BIRKHOLZ and GEORGE and referred to the Committee on Technology and Energy.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 17c of chapter XVII (MCL 777.17c), as added
by 2002 PA 28.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 17c. (1) This chapter applies to the following
3 felonies enumerated in chapter 752 of the Michigan Compiled
4 Laws:
5 M.C.L. Category Class Description Stat Max
6 752.797(1)(c) Property E Computer fraud -- 2 prior
7 convictions or value of
8 $1,000 to $20,000 5
9 752.797(1)(d) Property D Computer fraud -- 3 or
10 more prior convictions
11 or value of $20,000 or
12 more 10
1 752.797(2)(a) Property E Unlawfully accessing
2 computer, computer
3 system, or computer
4 program 5
5 752.797(2)(b) Property D Unlawfully accessing
6 computer, computer
7 system, or computer
8 program, with prior
9 conviction 10
10 752.797(3)(b) Property G Installation or attempted
11 installation of spyware
12 causing interruption or
13 interference 2
14 752.797(3)(c) Property F Installation or attempted
15 installation of spyware
16 with prior conviction 4
17 752.797(3)(b)
18 752.797(4)(b) Variable G Using computer to commit
19 crime punishable by a
20 maximum term of
21 imprisonment of more
22 than 1 year but less
23 than 2 years 2
24 752.797(3)(c)
25 752.797(4)(c) Variable F Using computer to commit
26 crime punishable by a
27 maximum term of
28 imprisonment of at
29 least 2 years but less
30 than 4 years 4
31 752.797(3)(d)
32 752.797(4)(d) Variable D Using computer to commit
33 crime punishable by a
34 maximum term of
35 imprisonment of at
36 least 4 years but less
37 than 10 years 7
38 752.797(3)(e)
39 752.797(4)(e) Variable D Using computer to commit
40 crime punishable by a
41 maximum term of
42 imprisonment of at
43 least 10 years but less
44 than 20 years 10
45 752.797(3)(f)
1 752.797(4)(f) Variable B Using computer to commit
2 crime punishable by a
3 maximum term of
4 imprisonment of at
5 least 20 years or for
6 life 20
7 (2) For a violation
of section 797(3) 797(4) of 1979 PA 53,
8 MCL 752.797, determine the offense category, offense variable
9 level, and prior record variable level based on the underlying
10 offense.
11 Enacting section 1. This amendatory act does not take
12 effect unless Senate Bill No. 1315
13 of the 92nd Legislature is enacted into
14 law.