Act No. 336
Public Acts of 2005
Approved by the Governor
December 27, 2005
Filed with the Secretary of State
January 3, 2006
EFFECTIVE DATE: March 1, 2006
STATE OF MICHIGAN
93RD LEGISLATURE
REGULAR SESSION OF 2005
Introduced by Reps. Nofs, Meyer and Taub
ENROLLED HOUSE BILL No. 5269
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 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.81(4) Person G Domestic assault with prior convictions 2
750.81a(3) Person G Aggravated domestic assault with prior convictions 2
750.81d(1) Person G Assaulting, resisting, or obstructing certain persons 2
750.81d(2) Person F Assaulting, resisting, or obstructing certain persons
causing injury 4
750.81d(3) Person C Assaulting, resisting, or obstructing certain persons
causing serious impairment 15
750.81d(4) Person B Assaulting, resisting, or obstructing certain persons
causing death 20
750.82(1) Person F Felonious assault 4
750.82(2) Person F Felonious assault -- weapon-free school zone 4
750.83 Person A Assault with intent to murder Life
750.84 Person D Assault with intent to do great bodily harm less than
murder 10
750.85 Person A Torture Life
750.86 Person D Assault with intent to maim 10
750.87 Person D Assault with intent to commit a felony 10
750.88 Person C Assault with intent to commit unarmed robbery 15
750.89 Person A Assault with intent to commit armed robbery Life
750.90 Person D Sexual intercourse under pretext of medical treatment 10
750.90a Person A Assault against a pregnant individual causing
miscarriage, stillbirth, or death to embryo or fetus
with intent or recklessness Life
750.90b(a) Person C Assault against a pregnant individual resulting in
miscarriage, stillbirth, or death to embryo or fetus 15
750.90b(b) Person D Assault against a pregnant individual resulting in great
bodily harm to embryo or fetus 10
750.90c(a) Person C Gross negligence against a pregnant individual resulting
in miscarriage, stillbirth, or death to embryo or fetus 15
750.90c(b) Person E Gross negligence against a pregnant individual resulting
in great bodily harm to embryo or fetus 5
750.90d(a) Person C Operating a vehicle under the influence or while
impaired causing miscarriage, stillbirth, or death to
embryo or fetus 15
750.90d(b) Person E Operating a vehicle under the influence or while
impaired causing serious or aggravated injury to embryo
or fetus 5
750.90e Person G Careless or reckless driving causing miscarriage,
stillbirth, or death to embryo or fetus 2
750.90g(3) Person A Performance of procedure on live infant with intent to
cause death Life
750.91 Person A Attempted murder Life
Enacting section 1. This amendatory act takes effect March 1, 2006.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5268 of the 93rd 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