Bill Text: MI HB4387 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for crime of coercing vulnerable adult into providing sexually explicit visual material and institutional desecration; provide for. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 4320'23, HB 4476'23
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-12-31 - Assigned Pa 276'23 [HB4387 Detail]
Download: Michigan-2023-HB4387-Chaptered.html
Act No. 276
Public Acts of 2023
Approved by the Governor
December 7, 2023
Filed with the Secretary of State
December 8, 2023
EFFECTIVE DATE: March 7, 2024
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Reps. MacDonell, Young and Arbit
ENROLLED HOUSE BILL No. 4387
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 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
|
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
|
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
|
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
|
750.136 |
Person |
B |
Female genital mutilation violation |
15 |
|
750.136a |
Person |
B |
Transporting person for purpose of female genital mutilation |
15 |
|
750.136b(2) |
Person |
A |
First degree child abuse |
Life |
|
750.136b(4)(a) |
Person |
C |
Second degree child abuse first offense |
10 |
|
750.136b(4)(b) |
Person |
B |
Second degree child abuse with prior conviction |
20 |
|
750.136b(6)(a) |
Person |
G |
Third degree child abuse first offense |
2 |
|
750.136b(6)(b) |
Person |
E |
Third degree child abuse with prior conviction |
5 |
|
750.136b(8)(b) |
Person |
G |
Fourth degree child abuse with prior conviction |
2 |
|
750.136c |
Person |
B |
Buying or selling an individual |
20 |
|
750.136d(1)(a) |
Person |
A |
First degree child abuse in presence of another child |
Life |
|
750.136d(1)(b) |
Person |
D |
Second degree child abuse in presence of another child first offense |
10 |
|
750.136d(1)(c) |
Person |
B |
Second degree child abuse in presence of another child second or subsequent offense |
20 |
|
750.136d(1)(d) |
Person |
G |
Third degree child abuse in presence of another child |
2 |
|
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
|
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
|
750.145c(2)(a) |
Person |
B |
Producing child sexually abusive activity or material |
20 |
|
750.145c(2)(b) |
Person |
B |
Aggravated producing of child sexually abusive activity or material |
25 |
|
750.145c(3)(a) |
Person |
D |
Distributing, promoting, or financing the distribution of child sexually abusive activity or material |
7 |
|
750.145c(3)(b) |
Person |
C |
Aggravated distributing, promoting, or financing the distribution of child sexually abusive activity or material |
15 |
|
750.145c(4)(a) |
Person |
F |
Possessing child sexually abusive material |
4 |
|
750.145c(4)(b) |
Person |
B |
Aggravated possession of child sexually abusive material |
10 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
750.145h(3) |
Person |
G |
Causing vulnerable adult to provide sexually explicit visual material second or subsequent offense |
2 |
|
750.145n(1) |
Person |
C |
First degree vulnerable adult abuse |
15 |
|
750.145n(2) |
Person |
F |
Second degree vulnerable adult abuse |
4 |
|
750.145n(3) |
Person |
G |
Third degree vulnerable adult abuse |
2 |
|
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
750.145p(1) |
Person |
G |
Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult |
2 |
|
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
|
750.145p(5) |
Person |
E |
Caregiver or licensee violation against vulnerable adult second or subsequent offense |
5 |
|
750.147b |
Person |
G |
Ethnic intimidation |
2 |
|
750.147c(2) |
Property |
D |
Institutional desecration involving $20,000 or more or with prior convictions |
10 |
|
750.147c(3) |
Property |
E |
Institutional desecration involving $1,000 to $20,000 or with prior convictions |
5 |
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
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 all of the following bills of the 102nd Legislature are enacted into law:
(a) House Bill No. 4320.
(b) House Bill No. 4476.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
