Act No. 467

Public Acts of 2008

Approved by the Governor

January 9, 2009

Filed with the Secretary of State

January 9, 2009

EFFECTIVE DATE: October 31, 2010

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Rep. Opsommer

ENROLLED HOUSE BILL No. 6630

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 sections 12g and 16p of chapter XVII (MCL 777.12g and 777.16p), section 12g as added by 2002 PA 34 and section 16p as amended by 2005 PA 168.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 12g. This chapter applies to the following felonies enumerated in sections 626 to 750 of chapter VI of the Michigan vehicle code, 1949 PA 300, within chapter 257 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

257.626(3) Person E Reckless driving causing serious impairment 5

257.626(4) Person C Reckless driving causing death 15

257.653a(3) Person G Failure to use due care and caution causing
injury to emergency personnel 2

257.653a(4) Person C Failure to use due care and caution causing
death to emergency personnel 15

257.744a Pub saf D False statement in citation -- perjury 15

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

M.C.L. Category Class Description Stat Max

750.317 Person M2 Second degree murder Life

750.317a Person A Delivery of controlled substance causing death Life

750.321 Person C Manslaughter 15

750.322 Person C Willful killing of unborn quick child 15

750.323 Person C Abortion resulting in death 15

750.327 Person A Death by explosives on vehicle or vessel Life

750.328 Person A Death by explosives in or near building Life

750.329 Person C Homicide -- weapon aimed with intent but not malice 15

750.329a Person E Assisting a suicide 5

Enacting section 1. This amendatory act takes effect October 31, 2010.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 104 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