SB-0661, As Passed Senate, February 21, 2008
SUBSTITUTE FOR
SENATE BILL NO. 661
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 16t and 43 of chapter XVII (MCL 777.16t and
777.43), section 16t as amended by 2004 PA 112 and section 43 as
amended by 2002 PA 666.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 16t. This chapter applies to the following felonies
3 enumerated in chapter 750 of the Michigan Compiled Laws:
|
4 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
5 |
750.410a |
Person |
G |
Conspiracy to commit a person to state hospital unjustly |
4 |
|
1 |
750.411a(1)(b) |
Pub ord |
F |
False report of a felony |
4 |
|
2 |
750.411a(3)(a) |
Pub ord |
F |
Threat or false report of an explosive or harmful device, substance, or material |
4 |
|
3 |
750.411a(3)(b) |
Pub ord |
D |
Threat or false report of an explosive or harmful device, substance, or material — subsequent offense |
10 |
|
4 |
750.411b |
Pub trst |
G |
Excess fees to members of legislature |
4 |
|
5 |
750.411h(2)(b) |
Person |
E |
Stalking of a minor |
5 |
|
6 |
750.411i(3)(a) |
Person |
E |
Aggravated stalking |
5 |
|
7 |
750.411i(3)(b) |
Person |
D |
Aggravated stalking of a minor |
10 |
|
8 |
750.411l |
Pub ord |
H |
Money laundering — fourth degree |
2 |
|
9 |
750.411m |
Pub ord |
E |
Money laundering — third degree |
5 |
|
10 |
750.411n |
Pub ord |
D |
Money laundering — second degree |
10 |
|
11 |
750.411o |
Pub ord |
B |
Money laundering — first degree |
20 |
|
12 |
750.411p(2)(a) |
Property |
B |
Money laundering of proceeds from controlled substance offense involving $10,000 or more |
20 |
|
13 |
750.411p(2)(b) |
Property |
D |
Money laundering of proceeds from controlled substance offense or other proceeds involving $10,000 or more |
10 |
|
14 |
750.411p(2)(c) |
Property |
E |
Money laundering — transactions involving represented proceeds |
5 |
|
1 |
750.411s(2)(a) |
Person |
G |
Unlawful posting of message |
2 |
|
2 |
750.411s(2)(b) |
Person |
E |
Unlawful posting of message with aggravating circumstances |
5 |
|
3 |
750.411t(2)(b) |
Person |
E |
Hazing resulting in serious impairment |
5 |
|
4 |
750.411t(2)(c) |
Person |
C |
Hazing resulting in death |
15 |
|
5 |
750.411u(1) |
Person |
E |
Gang recruitment |
5 |
|
6 |
750.411u(2) |
Person |
B |
Retaliation for withdrawal from gang |
20 |
7 Sec. 43. (1) Offense variable 13 is continuing pattern of
8 criminal behavior. Score offense variable 13 by determining which
9 of the following apply and by assigning the number of points
10 attributable to the one that has the highest number of points:
|
11 |
(a) The offense was part of a pattern of |
|
12 |
felonious criminal activity involving 3 or more |
|
13 |
sexual penetrations against a person or persons less |
|
14 |
than 13 years of age ................................ 50 points |
|
15 |
(b) The offense was part of a pattern of |
|
16 |
felonious criminal activity directly related to |
|
17 |
causing, encouraging, recruiting, soliciting, |
|
18 |
or coercing membership in a gang or communicating |
|
19 |
a threat with intent to deter, punish, or retaliate |
|
20 |
against another for withdrawing from a gang ......... 50 points |
|
21 |
(c) |
|
22 |
felonious criminal activity involving 3 or more |
|
23 |
crimes against a person ............................. 25 points |
|
24 |
(d) |
|
25 |
felonious criminal activity involving a combination |
|
1 |
of 3 or more crimes against a person or property or |
|
2 |
a violation of section 7401(2)(a)(i) to (iii) or |
|
3 |
section 7403(2)(a)(i) to (iii) of the public health |
|
4 |
code, 1978 PA 368, MCL 333.7401 and 333.7403 ........ 10 points |
|
5 |
|
|
6 |
|
|
7 |
|
|
8 |
(e) The offense was part of a pattern of |
|
9 |
felonious criminal activity involving a combination |
|
10 |
of 3 or more violations of section 7401(2)(a)(i) to |
|
11 |
(iii) or section 7403(2)(a)(i) to (iii) of the public |
|
12 |
health code, 1978 PA 368, MCL 333.7401 and |
|
13 |
333.7403 ............................................ 10 points |
|
14 |
(f) The offense was part of a pattern of |
|
15 |
felonious criminal activity involving 3 or more |
|
16 |
crimes against property ............................. 5 points |
|
17 |
(g) No pattern of felonious criminal activity |
|
18 |
existed ............................................. 0 points |
19 (2) All of the following apply to scoring offense variable
20 13:
21 (a) For determining the appropriate points under this
22 variable, all crimes within a 5-year period, including the
23 sentencing offense, shall be counted regardless of whether the
24 offense resulted in a conviction.
25 (b) The presence or absence of multiple offenders, the age
26 of the offenders, or the degree of sophistication of the
27 organized criminal group is not as important as the fact of the
28 group's existence, which may be reasonably inferred from the
29 facts surrounding the sentencing offense.
1 (c) Except for offenses related to membership in an
2 organized criminal group or that are gang-related, do not score
3 conduct scored in offense variable 11 or 12.
4 (d) Score 50 points only if the sentencing offense is first
5 either of the following:
6 (i) First degree criminal sexual conduct.
7 (ii) Related to membership in a gang or a part or pattern of
8 gang-related criminal activity as that phrase is defined in
9 section 411u of the Michigan penal code, 1931 PA 328, MCL
10 750.411u.
11 (e) Do not count more than 1 controlled substance offense
12 arising out of the criminal episode for which the person is being
13 sentenced.
14 (f) Do not count more than 1 crime involving the same
15 controlled substance. For example, do not count conspiracy and a
16 substantive offense involving the same amount of controlled
17 substances or possession and delivery of the same amount of
18 controlled substances.
19 Enacting section 1. This amendatory act does not take effect
20 unless Senate Bill No. 660 of the 94th Legislature is enacted
21 into law.
22 Enacting section 2. This amendatory act takes effect 90 days
23 after it is enacted.