HB-5053, As Passed House, November 7, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5053

 

October 3, 2013, Introduced by Reps. Lipton, Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes and referred to the Committee on Criminal Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 10c of chapter II (MCL 762.10c), as amended by

 

2010 PA 316.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER II

 

     Sec. 10c. (1) Except as otherwise provided in subsection (3),

 

conduct prohibited by law, or former law, and listed in subsection

 

(2) may be prosecuted in 1 of the following jurisdictions:

 

     (a) The jurisdiction in which the offense occurred.

 

     (b) The jurisdiction in which the information used to commit

 

the violation was illegally used.

 

     (c) The jurisdiction in which the victim resides.

 

     (2) Jurisdiction described under subsection (1) applies to

 


conduct prohibited under 1 or more of the following laws and to

 

conduct that is done in furtherance of or arising from the same

 

transaction as conduct prohibited under 1 or more of the following

 

laws:

 

     (a) The identity theft protection act, 2004 PA 452, MCL 445.61

 

to 445.77.445.79c.

 

     (b) Former section 285 of the Michigan penal code, 1931 PA

 

328.

 

     (c) Section 5 of 1972 PA 222, MCL 28.295.

 

     (d) Section 310(7) or 903 of the Michigan vehicle code, 1949

 

PA 300, MCL 257.310 and 257.903.

 

     (e) Section 157n, 157p, 157q, 157r, 157v, 157w, 218, 219a,

 

219e, 248, 248a, 249, 362, 363, or 539k of the Michigan penal code,

 

1931 PA 328, MCL 750.157n, 750.157p, 750.157q, 750.157r, 750.157v,

 

750.157w, 750.218, 750.219a, 750.219e, 750.248, 750.248a, 750.249,

 

750.362, 750.363, and 750.539k.

 

     (3) If a person is charged with more than 1 violation of the

 

identity theft protection act, 2004 PA 452, MCL 445.61 to 445.77,

 

445.79c, or section 539k of the Michigan penal code, 1931 PA 321,

 

MCL 750.539k, and those violations may be prosecuted in more than 1

 

jurisdiction, any of those jurisdictions is a proper jurisdiction

 

for all of the violations.