Bill Text: MI HB4830 | 2015-2016 | 98th Legislature | Chaptered


Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of coercing a female to have an abortion against her will; enact. Amends sec. 16l, ch. XVII of 1927 PA 175 (MCL 777.16l). TIE BAR WITH: HB 4787'15

Spectrum: Partisan Bill (Republican 20-0)

Status: (Passed) 2016-06-09 - Assigned Pa 150'16 With Immediate Effect [HB4830 Detail]

Download: Michigan-2015-HB4830-Chaptered.html

Act No. 150

Public Acts of 2016

Approved by the Governor

June 8, 2016

Filed with the Secretary of State

June 9, 2016

EFFECTIVE DATE: September 7, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Reps. Jenkins, Price, Chatfield, Lauwers, Crawford, Heise, McBroom, Kesto, Inman, Barrett, Cox, Howrylak, Potvin, Rendon, Hooker, Theis, Johnson, Aaron Miller, Runestad and Glenn

ENROLLED HOUSE BILL No. 4830

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 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16l. (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

750.213 Person B Threats to extort money 20

750.213a(3)(a) Person Variable Coercing female to have an abortion against her will Variable

750.215(3) Pub saf F Impersonating peace officer 4

750.217b Pub saf G Impersonating public utility employee 2

750.217c(3) Pub ord H Impersonating public officer or employee — subsequent conviction 2

750.217c(4) Pub ord G Impersonating public officer or employee — third or subsequent conviction 4

750.217d Pub saf C False representation or practice as health professional 15

750.217e Pub ord G Impersonating a DHS employee 2

750.217f Pub saf G Impersonating a firefighter or emergency medical service personnel 2

750.218(4) Property E False pretenses involving $1,000 or more but less than $20,000 or $200 or more but less than $1,000 with prior convictions 5

750.218(5) Property C False pretenses involving $20,000 or more but less than $50,000 or $1,000 or more but less than $20,000 with prior convictions 15

750.218(6) Property C False pretenses involving a value of $50,000 or more but less than $100,000 or $20,000 or more but less than $50,000 with prior convictions 15

750.218(7) Property B False pretenses involving a value of $100,000 or more or $50,000 or more but less than $100,000 with prior convictions 20

750.219a(2)(c) Property E Telecommunications fraud with 1 or more prior convictions or involving a value of $1,000 to $20,000 5

750.219a(2)(d) Property D Telecommunications fraud with 2 or more prior convictions or involving a value of $20,000 or more 10

750.219d(4)(a) Pub ord C Residential mortgage fraud violation involving loan value of $100,000 or less 15

750.219d(4)(b) Pub ord B Residential mortgage fraud violation involving loan value of more than $100,000 20

750.219e Property F Receiving, possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds 4

750.219f Property F Receiving with intent to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds 4

(2) For a violation of section 213a(3)(a) of the Michigan penal code, 1931 PA 328, MCL 750.213a, determine the offense class, 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 House Bill No. 4787 of the 98th 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