Bill Text: MI HB4568 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for certain alcohol- and controlled-substance-related driving violations; revise. Amends sec. 12f, ch. XVII of 1927 PA 175 (MCL 777.12f). TIE BAR WITH: HB 4567'13
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Passed) 2014-07-16 - Assigned Pa 220'14 With Immediate Effect [HB4568 Detail]
Download: Michigan-2013-HB4568-Chaptered.html
Act No. 220
Public Acts of 2014
Approved by the Governor
June 21, 2014
Filed with the Secretary of State
June 26, 2014
EFFECTIVE DATE: September 24, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Kowall, McCready, Hooker, Yonker, Heise, Rogers, Denby, Crawford, Faris and VerHeulen
ENROLLED HOUSE BILL No. 4568
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 12f of chapter XVII (MCL 777.12f), as amended by 2003 PA 134.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 12f. This chapter applies to the following felonies enumerated in sections 625 to 625o 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
257.625(4)(a) Person C Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance causing death 15
257.625(4)(b) Person B Operating a vehicle with alcohol content of 0.17 grams or more with prior conviction and causing death 20
257.625(4)(c) Person B Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance causing death to certain persons 20
257.625(5)(a) Person E Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance causing serious impairment 5
257.625(5)(b) Person D Operating a vehicle with alcohol content of 0.17 grams or more with prior conviction and causing serious impairment 10
257.625(7)(a)(ii) Person E Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance with a minor in the vehicle — subsequent offense 5
257.625(9)(c) Pub saf E Operating a vehicle while intoxicated or with the presence of a controlled substance — third or subsequent offense 5
257.625(10)(b) Person E Allowing a vehicle to be operated while intoxicated or impaired causing death 5
257.625(10)(c) Person G Allowing a vehicle to be operated while intoxicated or impaired causing serious impairment 2
257.625(11)(c) Pub saf E Operating a vehicle while impaired — third or subsequent offense 5
257.625k(7) Pub saf D Knowingly providing false information concerning an ignition interlock device 10
257.625k(9) Pub saf D Failure to report illegal ignition interlock device 10
257.625m(5) Pub saf E Commercial drunk driving — third or subsequent offense 5
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4567 of the 97th 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
