Bill Text: MI HB4782 | 2021-2022 | 101st Legislature | Chaptered

---

Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for failure to originate and maintain record of deposits on certain containers with intent to defraud or cheat; create. Amends sec. 14h, ch. XVII of 1927 PA 175 (MCL 777.14h). TIE BAR WITH: HB 4783'21

Spectrum: Bipartisan Bill

Status: (Passed) 2021-12-15 - Assigned Pa 141'21 With Immediate Effect [HB4782 Detail]

Download: Michigan-2021-HB4782-Chaptered.html

---

Act No. 141

Public Acts of 2021

Approved by the Governor

December 23, 2021

Filed with the Secretary of State

December 27, 2021

EFFECTIVE DATE:  March 27, 2022

 

 

state of michigan

101st Legislature

Regular session of 2021

Introduced by Reps. Sneller, Bezotte, Bellino, Borton, Yaroch, Lightner, Hertel, Clements, Aiyash, Hood, Kahle, Tyrone Carter, Fink, Mueller, Steenland, Liberati, Garza, Lilly, Damoose, Cherry, Green, Sabo, Witwer, Brann, Huizenga, Weiss, Filler, Meerman, Haadsma, Slagh, Clemente, Stone, Neeley, Tate and Rabhi

ENROLLED HOUSE BILL No. 4782

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 14h of chapter XVII (MCL 777.14h), as amended by 2019 PA 49.

The People of the State of Michigan enact:

CHAPTER XVII

 

Sec. 14h. This chapter applies to the following felonies enumerated in chapter 445 of the Michigan Compiled Laws:

M.C.L.	Category	Class	Description	Stat Max
445.33(2)(b)	Pub ord	E	Mail theft – second or subsequent offense	5
445.65	Pub ord	E	Identity theft	5
	Pub ord	D	Identity theft – second offense	10
	Pub ord	C	Identify theft – third or subsequent offense	15
445.67	Pub ord	E	Solicit, obtain, possess, sell, or transfer personal identifying information of another or falsify a police report with intent to commit identity theft	5
	Pub ord	D	Obtain, possess, sell, or transfer personal identifying information of another or falsify a police report with intent to commit identity theft – second offense	10
	Pub ord	C	Obtain, possess, sell, or transfer personal identifying information of another or falsify a police report with intent to commit identity theft – third or subsequent offense	15
445.408(2)	Pub ord	E	Buying or selling stolen scrap metal	5
445.408(3)	Pub ord	E	Buying or selling stolen scrap metal – subsequent offense	5
445.433(2)	Pub ord	E	Knowingly buying or selling stolen scrap metal or other specific items	5
445.487(2)	Pub ord	H	Precious metal and gem dealer failure to record material matter – subsequent offense	2
445.488(2)	Pub ord	H	Precious metal and gem dealer violations – subsequent offense	2
445.489	Pub ord	H	Precious metal and gem dealer failing to record transaction or falsifying transaction record, or making improper purchase	2
445.490	Pub ord	H	Precious metal and gem dealer failure to obtain a certificate of registration or retain precious item for required period	2
445.574(2)(c)	Pub ord	E	Failure to originate and maintain record of deposits on certain containers valued at $10,000.00 or more but less than $20,000.00 with intent to defraud or cheat, or repeat offense	5
445.574(2)(d)	Pub ord	C	Failure to originate and maintain record of deposits on certain containers valued at $20,000.00 or more but less than $50,000.00 with intent to defraud or cheat, or repeat offense	15
445.574(2)(e)	Pub ord	C	Failure to originate and maintain record of deposits on certain containers valued at $50,000.00 or more but less than $100,000.00 with intent to defraud or cheat, or repeat offense	15
445.574(2)(f)	Pub ord	B	Failure to originate and maintain record of deposits on certain containers valued at $100,000.00 or more with intent to defraud or cheat, or repeat offense	20
445.574a(2)(d)	Pub ord	H	Improper return of 10,000 or more nonrefundable containers	5
445.574a(3)(d)	Pub ord	H	Improper acceptance or delivery of 10,000 or more nonrefundable containers by dealer	5
445.574a(4)(d)	Pub ord	H	Improper acceptance or delivery of 10,000 or more nonrefundable containers by distributor	5
445.667	Pub ord	G	Changing, altering, or modifying reverse vending machine or data for reverse vending machine	2
445.779	Pub ord	H	Antitrust violation	2
445.1505	Pub trst	G	Fraudulent filing, offer, or sale of franchise	7
445.1508	Pub trst	G	Sale of franchise without proper disclosure	7
445.1513	Pub trst	G	Illegal offer or sale of franchise	7
445.1520	Pub trst	G	Failure to keep or maintain record of sale of franchise	7
445.1521	Pub trst	G	False representation of departmental finding, recommendation, or approval of franchise document	7
445.1523	Pub trst	G	False statement of material fact to department of attorney general regarding franchise	7
445.1525	Pub trst	G	False advertising of franchise	7
445.1671	Pub trst	E	False statement in report required by mortgage broker or lender	15
445.2081	Pub ord	E	Purchasing or selling stolen plastic bulk merchandise containers	5
445.2507(2)	Pub ord	F	Violation of unsolicited commercial e-mail protection act in furtherance of crime	4
445.2583	Pub trst	F	Establish, promote, or operate a pyramid promotional scheme	7

 

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. 4783 of the 101st 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