March 12, 2014, Introduced by Senator SMITH and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16g of chapter XVII (MCL 777.16g), as amended
by 2012 PA 195.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 16g. (1) 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 |
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
|
6 |
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
|
1 |
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
|
2 |
750.136b(2) |
Person |
A |
First degree child abuse |
Life |
|
3 |
750.136b(4)(a) |
Person |
C |
Second degree child abuse first offense |
10 |
|
4 |
750.136b(4)(b) |
Person |
B |
Second degree child abuse second or subsequent offense |
20 |
|
5 |
750.136b(6) |
Person |
G |
Third degree child abuse |
2 |
|
6 |
750.136c |
Person |
B |
Buying or selling an individual |
20 |
|
7 |
750.136d(1)(a) |
Person |
A |
First degree child abuse in presence of another child |
Life |
|
8 |
750.136d(1)(b) |
Person |
D |
Second degree child abuse in presence of another child first offense |
10 |
|
9 |
750.136d(1)(c) |
Person |
B |
Second degree child abuse in presence of another child second or subsequent offense |
20 |
|
10 |
750.136d(1)(d) |
Person |
G |
Third degree child abuse in presence of another child |
2 |
|
11 |
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
|
12 |
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
|
1 |
750.145c(2) |
Person |
B |
Producing child sexually abusive activity or material |
20 |
|
2 |
750.145c(3) |
Person |
D |
Distributing, promoting, or financing the distribution of child sexually abusive activity or material |
7 |
|
3 |
750.145c(4) |
Person |
F |
Possessing child sexually abusive material |
4 |
|
4 |
750.145d(2)(b) |
Variable |
G |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years |
2 |
|
5 |
750.145d(2)(c) |
Variable |
F |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years |
4 |
|
6 |
750.145d(2)(d) |
Variable |
D |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years |
10 |
|
7 |
750.145d(2)(e) |
Variable |
C |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years |
15 |
|
8 |
750.145d(2)(f) |
Variable |
B |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life |
20 |
|
1 |
750.145n(1) |
Person |
C |
First degree vulnerable adult abuse |
15 |
|
2 |
750.145n(2) |
Person |
F |
Second degree vulnerable adult abuse |
4 |
|
3 |
750.145n(3) |
Person |
G |
Third degree vulnerable adult abuse |
2 |
|
4 |
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
5 |
750.145p(1) |
Person |
G |
Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult |
2 |
|
6 |
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
|
7 |
750.145p(5) |
Person |
E |
Caregiver or licensee violation against vulnerable adult subsequent offense |
5 |
|
8 |
750.145s(1) |
Person |
F |
Elder abuse under circumstances likely to produce great bodily harm or death |
4 |
|
9 |
750.145s(2)(a) |
Person |
D |
Elder abuse causing great bodily injury if victim is under 70 |
7 |
|
10 |
750.145s(2)(b) |
Person |
D |
Elder abuse causing great bodily injury if victim is 70 or over |
9 |
|
1 |
750.145s(3)(a) |
Person |
D |
Elder abuse causing death if victim is under 70 |
9 |
|
2 |
750.145s(3)(b) |
Person |
C |
Elder abuse causing death if victim is 70 or over |
11 |
|
3 |
750.145s(5)(a) |
Person |
F |
Violating other law involving elder adult's property with a value over $1,000 |
4 |
|
4 |
750.145s(6) |
Person |
F |
Restraining elder adult by violence or fraud |
4 |
|
5 |
750.147b |
Person |
G |
Ethnic intimidation |
2 |
6 (2) For a violation of section 145d of the Michigan penal
7 code, 1931 PA 328, MCL 750.145d, determine the offense category,
8 offense variable level, and prior record variable level based on
9 the underlying offense.
10 Enacting section 1. This amendatory act does not take effect
11 unless Senate Bill No. 866
12 of the 97th Legislature is enacted into law.