Bill Text: MI HB4419 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Criminal procedure; sentencing; 2-year mandatory sentencing requirement for felony firearm conviction; eliminate. Amends sec. 227b of 1931 PA 328 (MCL 750.227b).

Spectrum: Moderate Partisan Bill (Democrat 24-5)

Status: (Introduced - Dead) 2015-06-16 - Referred To Second Reading [HB4419 Detail]

Download: Michigan-2015-HB4419-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4419

April 14, 2015, Introduced by Reps. Heise, Robinson, Gay-Dagnogo, Zemke, Maturen, Howrylak, Vaupel, Geiss, Durhal, Chang, Singh, Santana, Banks, Dianda, Byrd, Cochran, Yanez, Greig, Hovey-Wright, Hoadley, Brunner, Smiley, Garrett, Rutledge, Phelps, Lane, Moss, Dillon and Pagel and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 227b. (1) A person who carries or has in his or her

 

possession a firearm when he or she commits or attempts to commit a

 

felony, except a violation of section 223, section 227, 227a or

 

230, is guilty of a felony, and shall be imprisoned for not more

 

than 2 years. Upon a second conviction under this section, the

 

person shall be imprisoned for not more than 5 years. Upon a third

 

or subsequent conviction under this subsection, the person shall be

 

imprisoned for not more than 10 years.

 

     (2) A term of imprisonment prescribed by this section is in

 

addition to the sentence imposed for the conviction of the felony

 

or the attempt to commit the felony, and shall be served


 

consecutively with and preceding any term of imprisonment imposed

 

for the conviction of the felony or attempt to commit the felony.

 

     (3) A term of imprisonment imposed under this section shall

 

not be suspended. The person subject to the sentence mandated by

 

this section is not eligible for parole or probation during the

 

mandatory term imposed pursuant to under subsection (1).

 

     (4) This section does not apply to a law enforcement officer

 

who is authorized to carry a firearm while in the official

 

performance of his or her duties, and who is in the performance of

 

those duties. As used in this subsection, "law enforcement officer"

 

means a person who is regularly employed as a member of a duly an

 

authorized police agency or other organization of the United

 

States, this state, or a city, county, township, or village of this

 

state, and who is responsible for the prevention and detection of

 

crime and the enforcement of the general criminal laws of this

 

state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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