Bill Text: MI HB5018 | 2017-2018 | 99th Legislature | Enrolled


Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of cyberbullying; enact. Amends sec. 16t, ch. XVII of 1927 PA 175 (MCL 777.16t).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-31 - Assigned Pa 528'18 With Immediate Effect [HB5018 Detail]

Download: Michigan-2017-HB5018-Enrolled.html

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Rep. Lucido

ENROLLED HOUSE BILL No. 5018

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 16t of chapter XVII (MCL 777.16t), as amended by 2018 PA 96.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.409b Pub ord F Knowing possession of ransomware with intent to use without authorization 3

750.410a Person G Conspiracy to commit a person to state hospital unjustly 4

750.411a(1)(b) Pub ord F False report of a felony 4

750.411a(1)(c) Person E False report of crime resulting in physical injury 5

750.411a(1)(d) Person D False report of crime resulting in serious impairment of body function 10

750.411a(1)(e) Person C False report of crime resulting in death 15

750.411a(3)(a) Pub ord F Threat or false report of an explosive or harmful device, substance, or material 4

750.411a(3)(b) Pub ord D Threat or false report of an explosive or harmful device, substance, or material — subsequent offense 10

750.411a(4)(b) Person E False report of medical or other emergency resulting in physical injury 5

750.411a(4)(c) Person D False report of medical or other emergency resulting in serious impairment of body function 10

750.411a(4)(d) Person C False report of medical or other emergency resulting in death 15

750.411b Pub trst G Excess fees to members of legislature 4

750.411h(2)(b) Person E Stalking of a minor 5

750.411i(3)(a) Person E Aggravated stalking 5

750.411i(3)(b) Person D Aggravated stalking of a minor 10

750.411l Pub ord H Fourth degree money laundering 2

750.411m Pub ord E Third degree money laundering 5

750.411n Pub ord D Second degree money laundering 10

750.411o Pub ord B First degree money laundering 20

750.411p(2)(a) Property B Money laundering of proceeds from controlled substance offense involving $10,000 or more 20

750.411p(2)(b) Property D Money laundering of proceeds from controlled substance offense or other proceeds involving $10,000 or more 10

750.411p(2)(c) Property E Money laundering — transactions involving represented proceeds 5

750.411s(2)(a) Person G Unlawful posting of message 2

750.411s(2)(b) Person E Unlawful posting of message with aggravating circumstances 5

750.411t(2)(b) Person E Hazing resulting in serious impairment of body function 5

750.411t(2)(c) Person C Hazing resulting in death 15

750.411u Pub ord B Gang membership felonies 20

750.411v(1) Person E Gang recruitment 5

750.411v(2) Person B Retaliation for withdrawal from gang 20

750.411w Pub ord E Selling or possessing automated sales suppression device or zapper, phantom-ware, or skimming device 5

750.411x(4) Person E Cyberbullying causing serious injury 5

750.411x(5) Person D Cyberbullying causing death 10

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. 5017 of the 99th 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