Bill Text: MI HB4945 | 2023-2024 | 102nd Legislature | Chaptered

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Bill Title: Crimes: weapons; sentencing guidelines; update. Amends sec. 16m, ch. XVII of 1927 PA 175 (MCL 777.16m). TIE BAR WITH: SB 0471'23

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Passed) 2023-12-31 - Assigned Pa 200'23 [HB4945 Detail]

Download: Michigan-2023-HB4945-Chaptered.html

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Act No. 200

Public Acts of 2023

Approved by the Governor

November 20, 2023

Filed with the Secretary of State

November 20, 2023

EFFECTIVE DATE:  February 13, 2024

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. O’Neal, Brenda Carter, Dievendorf, Hope, Brixie, Byrnes, Scott, Neeley, Mentzer, Grant, Pohutsky, Rogers, Martus, Puri, Price, Morse, Farhat, Young, Rheingans, Breen, Hoskins, Edwards, Arbit, Tsernoglou and Aiyash

ENROLLED HOUSE BILL No. 4945

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 16m of chapter XVII (MCL 777.16m), as amended by 2023 PA 22.

The People of the State of Michigan enact:

CHAPTER XVII

 

Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L.	Category	Class	Description	Stat Max
750.223(2)	Pub saf	F	Sale of firearm to minor — subsequent offense	4
750.223(3)	Pub ord	D	Sale of firearm to person prohibited from possessing	10
750.224	Pub saf	E	Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc.	5
750.224a(4)	Pub saf	F	Possession or sale of electrical current weapons	4
750.224a(6)	Pub saf	G	Improper use of electro-muscular disruption device	2
750.224b	Pub saf	E	Possession of short barreled shotgun or rifle	5
750.224c	Pub saf	F	Armor piercing ammunition	4
750.224d(2)	Person	G	Using self-defense spray device	2
750.224e	Pub saf	F	Manufacture/sale/possession of devices to convert semiautomatic weapons	4
750.224f(6)	Pub saf	E	Possession or sale of firearm by prohibited person	5
750.224f(7)	Pub saf	E	Possession or sale of ammunition by prohibited person	5
750.226	Pub saf	E	Carrying firearm or dangerous weapon with unlawful intent	5
750.227	Pub saf	E	Carrying a concealed weapon	5
750.227a	Pub saf	F	Unlawful possession of pistol	4
750.227c	Pub saf	G	Possessing a loaded firearm in or upon a vehicle	2
750.227f	Pub saf	F	Wearing body armor during commission of certain crimes	4
750.227g(1)	Pub saf	F	Felon purchasing, owning, possessing, or using body armor	4
750.230	Pub saf	G	Altering ID mark on firearm	2
750.232a(3)	Pub saf	G	False statement in a firearm application	4
750.234a(1)(a)	Pub saf	D	Discharging firearm from vehicle	10
750.234a(1)(b)	Person	C	Discharging firearm from vehicle causing physical injury	15
750.234a(1)(c)	Person	B	Discharging firearm from vehicle causing serious impairment	20
750.234a(1)(d)	Person	A	Discharging firearm from vehicle causing death	Life
750.234b(1)	Pub saf	D	Discharging firearm at a dwelling or potentially occupied structure	10
750.234b(2)	Pub saf	D	Discharging firearm in a dwelling or potentially occupied structure	10
750.234b(3)	Pub saf	C	Discharging firearm in or at a dwelling or potentially occupied structure causing physical injury	15
750.234b(4)	Person	B	Discharging firearm in or at a dwelling or potentially occupied structure causing serious impairment	20
750.234b(5)	Person	A	Discharging firearm in or at a dwelling or potentially occupied structure causing death	Life
750.234c	Pub saf	F	Discharging firearm at emergency/police vehicle	4
750.235b(2)	Pub saf	D	Threatening to commit violent act against school students or employees on school property with an overt act toward completion or with specific intent	10
750.236	Person	C	Setting spring gun — death resulting	15
750.237(3)	Person	E	Using firearm while under the influence or impaired causing serious impairment	5
750.237(4)	Person	C	Using firearm while under the influence or impaired causing death	15

 

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 471 of the 102nd Legislature is enacted into law.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

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Governor