Bill Text: MI HB4638 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; sentencing guidelines; crimes of performing female genital mutilation and of transporting a person for purpose of genital mutilation; provide sentencing guidelines for. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 4636'17, HB 4637'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-07-12 - Filed With Secretary Of State 7/11/2017 @ 1:12 Pm [HB4638 Detail]
Download: Michigan-2017-HB4638-Introduced.html
HOUSE BILL No. 4638
May 23, 2017, Introduced by Reps. Rendon, Hughes, Victory, Sheppard, Kesto, Hauck, Hornberger, Greimel, Chang, Hoitenga, Farrington, Leutheuser, Lasinski, Faris, Griffin, Lucido, Alexander, Whiteford, Kelly, Bizon, Kahle, VanderWall, Sabo, Sowerby, Moss, Hammoud, Brinks, Geiss, Ellison, Camilleri, Phelps, Jones, Chirkun, Durhal, Gay-Dagnogo, Clemente, Cochran, Peterson, Dianda, Love, Hoadley, Pagan, Garrett, Green, Yanez, Rabhi, Byrd, Neeley, Schor, Scott, Zemke, Wittenberg, Pagel, LaSata, Calley, Greig, Allor and Lower and referred to the Committee on Law and Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16g of chapter XVII (MCL 777.16g), as amended
by 2012 PA 195.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 16g. (1) This chapter applies to the following felonies
3 enumerated in chapter 750 of the Michigan Compiled Laws:
|
4 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
5 |
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
|
6 |
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
|
1 |
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
|
2 |
750.136 |
Person |
B |
Female genital mutilation violation |
15 |
|
3 |
750.136a |
Person |
B |
Transporting person for purpose of female genital mutilation |
15 |
|
4 |
750.136b(2) |
Person |
A |
First degree child abuse |
Life |
|
5 |
750.136b(4)(a) |
Person |
C |
Second degree child abuse — first offense |
10 |
|
6 |
750.136b(4)(b) |
Person |
B |
Second degree child abuse — second or subsequent offense |
20 |
|
7 |
750.136b(6) |
Person |
G |
Third degree child abuse |
2 |
|
8 |
750.136c |
Person |
B |
Buying or selling an individual |
20 |
|
9 |
750.136d(1)(a) |
Person |
A |
First degree child abuse in presence of another child |
Life |
|
10 |
750.136d(1)(b) |
Person |
D |
Second degree child abuse in presence of another child – first offense |
10 |
|
11 |
750.136d(1)(c) |
Person |
B |
Second degree child abuse in presence of another child – second or subsequent offense |
20 |
|
12 |
750.136d(1)(d) |
Person |
G |
Third degree child abuse in presence of another child |
2 |
|
13 |
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
|
14 |
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
|
15 |
750.145c(2) |
Person |
B |
Producing child sexually abusive activity or material |
20 |
|
1 |
750.145c(3) |
Person |
D |
Distributing, promoting, or financing the distribution of child sexually abusive activity or material |
7 |
|
2 |
750.145c(4) |
Person |
F |
Possessing child sexually abusive material |
4 |
|
3 |
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 |
|
4 |
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 |
|
5 |
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 |
|
6 |
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 |
|
7 |
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 |
|
8 |
750.145n(1) |
Person |
C |
First degree vulnerable adult abuse |
15 |
|
1 |
750.145n(2) |
Person |
F |
Second degree vulnerable adult abuse |
4 |
|
2 |
750.145n(3) |
Person |
G |
Third degree vulnerable adult abuse |
2 |
|
3 |
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
4 |
750.145p(1) |
Person |
G |
Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult |
2 |
|
5 |
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
|
6 |
750.145p(5) |
Person |
E |
Caregiver or licensee violation against vulnerable adult — second or subsequent offense |
5 |
|
7 |
750.147b |
Person |
G |
Ethnic intimidation |
2 |
8 (2) For a violation of section 145d of the Michigan penal
9 code, 1931 PA 328, MCL 750.145d, determine the offense category,
10 offense variable level, and prior record variable level based on
11 the underlying offense.
12 Enacting section 1. This amendatory act takes effect 90 days
13 after the date it is enacted into law.
14 Enacting section 2. This amendatory act does not take effect
15 unless all of the following bills of the 99th Legislature are
16 enacted into law:
17 (a) Senate Bill No.____ or House Bill No.____ (request no.
18 02921'17 *).
1 (b) Senate Bill No.____ or House Bill No. 4637 (request no.
2 03084'17 *).
