Act No. 414

Public Acts of 2008

Approved by the Governor

January 5, 2009

Filed with the Secretary of State

January 6, 2009

EFFECTIVE DATE: March 1, 2009

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Reps. Moss, Marleau, Garfield, Rick Jones, Vagnozzi, David Law, Robertson, LeBlanc, Knollenberg, Agema and Stakoe

ENROLLED HOUSE BILL No. 5362

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 16s of chapter XVII (MCL 777.16s), as amended by 2005 PA 106.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.377a(1)(a) Property D Malicious destruction of personal property involving
$20,000 or more or with prior convictions 10

750.377a(1)(b) Property E Malicious destruction of personal property involving
$1,000 to $20,000 or with prior convictions 5

750.377b Property F Malicious destruction of fire/police property 4

750.377c Property E School bus -- intentional damage 5

750.378 Property F Malicious destruction of property -- dams/canals/mills 4

750.379 Property F Malicious destruction of property -- bridges/railroads/locks 4

750.380(2) Property D Malicious destruction of building involving $20,000 or
more or with prior convictions 10

750.380(3) Property E Malicious destruction of a building involving $1,000 to
$20,000 or with prior convictions 5

750.382(1)(c) Property E Malicious destruction of plants or turf involving $1,000 to
$20,000 or with prior convictions 5

750.382(1)(d) Property D Malicious destruction of plants or turf involving $20,000
or more or with prior convictions 10

750.383a Property E Malicious destruction of utility equipment or utility
infrastructure component 5

750.386 Property E Malicious destruction of mine property 20

750.387(5) Property E Malicious destruction of a tomb or memorial involving
$1,000 to $20,000 or with prior convictions 5

750.387(6) Property D Malicious destruction of a tomb or memorial involving
$20,000 or more or with prior convictions 10

750.392 Property E Malicious destruction of property -- vessels 10

750.394(2)(c) Person F Throwing or dropping dangerous object at vehicle
causing injury 4

750.394(2)(d) Person D Throwing or dropping dangerous object at vehicle
causing serious impairment 10

750.394(2)(e) Person C Throwing or dropping dangerous object at vehicle
causing death 15

750.395(2)(c) Property E Damaging or destroying research property with a value
between $1,000 and $20,000 or with prior convictions 5

750.395(2)(d) Property E Damaging or destroying research property with a value
of $20,000 or more or 2 or more prior convictions 5

750.395(2)(e) Person E Damaging or destroying research property resulting in
physical injury 5

750.395(2)(f) Person D Damaging or destroying research property resulting in
serious impairment of body function 10

750.395(2)(g) Person C Damaging or destroying research property resulting in
death 15

750.397 Person D Mayhem 10

750.397a Person D Placing harmful objects in food 10

750.405 Pub saf E Inciting soldiers to desert 5

750.406 Pub saf E Military stores -- larceny, embezzlement or destruction 5

Enacting section 1. This amendatory act takes effect March 1, 2009.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5361 of the 94th 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