Act No. 112

Public Acts of 2014

Approved by the Governor

April 7, 2014

Filed with the Secretary of State

April 10, 2014

EFFECTIVE DATE: July 9, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Rep. Walsh

ENROLLED HOUSE BILL No. 4908

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 16c of chapter XVII (MCL 777.16c), as amended by 2013 PA 124; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.72 Person A First degree arson Life

750.73 Person B Second degree arson 20

750.74 Property D Third degree arson 10

750.75 Property E Fourth degree arson 5

750.76(3)(a) Person A Arson of insured dwelling Life

750.76(3)(b) Property B Arson of insured building or structure 20

750.76(3)(c) Property D Arson of insured personal property 10

750.79(1)(c) Property E Preparing to burn with intent to commit arson of $1,000 or more but less than $20,000, or with prior conviction 5

750.79(1)(d) Property D Preparing to burn with intent to commit arson of $20,000, or more, or with 2 or more prior convictions, or with intent to commit insurance fraud, or causing injury 10

750.79(1)(e) Property C Preparing to burn with intent to commit arson of dwelling or to commit insurance fraud, or causing injury 15

Enacting section 1. Sections 80 and 496 of the Michigan penal code, 1931 PA 328, MCL 750.80 and 750.496, are repealed.

Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor