Bill Text: MI HB4499 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; sentencing; provisions concerning sentencing multiple felonies; eliminate reference to disciplinary time. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12). TIE BAR WITH: HB 4497'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-04 - Printed Bill Filed 03/04/2009 [HB4499 Detail]
Download: Michigan-2009-HB4499-Introduced.html
HOUSE BILL No. 4499
March 3, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 12 of chapter IX (MCL 769.12), as amended by
2006 PA 655.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 12. (1) If a person has been convicted of any combination
of 3 or more felonies or attempts to commit felonies, whether the
convictions occurred in this state or would have been for felonies
or attempts to commit felonies in this state if obtained in this
state, and that person commits a subsequent felony within this
state, the person shall be punished upon conviction of the
subsequent felony and sentencing under section 13 of this chapter
as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term of 5 years or more or
for life, the court, except as otherwise provided in this section
or section 1 of chapter XI, may sentence the person to imprisonment
for life or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term that is less than 5
years, the court, except as otherwise provided in this section or
section 1 of chapter XI, may sentence the person to imprisonment
for a maximum term of not more than 15 years.
(c) If the subsequent felony is a major controlled substance
offense, the person shall be punished as provided by part 74 of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence
of imprisonment for any term of years, the court shall fix the
length of both the minimum and maximum sentence within any
specified limits in terms of years or a fraction of a year, and the
sentence so imposed shall be considered an indeterminate sentence.
The court shall not fix a maximum sentence that is less than the
maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
(4) An offender sentenced under this section or section 10 or
11 of this chapter for an offense other than a major controlled
substance offense is not eligible for parole until expiration of
the
following:
(a)
For a prisoner other than a prisoner subject to
disciplinary
time, the minimum term fixed by the
sentencing judge
at the time of sentence unless the sentencing judge or a successor
gives written approval for parole at an earlier date authorized by
law.
(b)
For a prisoner subject to disciplinary time, the minimum
term
fixed by the sentencing judge.
(5) This section and sections 10 and 11 of this chapter are
not in derogation of other provisions of law that permit or direct
the imposition of a consecutive sentence for a subsequent felony.
(6)
As used in this section, "prisoner subject to disciplinary
time"
means that term as defined in section 34 of 1893 PA 118, MCL
800.34.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4497(request no.
01437'09) of the 95th Legislature is enacted into law.
