Bill Text: MI HB5077 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of first degree and second degree child abuse; revise, and provide penalties for crimes involving the commission of child abuse in the presence of another child. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 5078'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-10-18 - Printed Bill Filed 10/14/2011 [HB5077 Detail]
Download: Michigan-2011-HB5077-Introduced.html
HOUSE BILL No. 5077
October 13, 2011, Introduced by Rep. Scott and referred to the Committee on Judiciary.
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 2008 PA 521.
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
2 750.136b(2) 750.136b(2)(a) Person BA Child
First degree child abuse — first degree – first offense 15Life
3 750.136b(2)(b) Person A First degree child abuse – second or subsequent offense Life
4 750.136b(4) 750.136b(4)(a) Person FC Child
Second degree child abuse — second degree first offense 410
5 750.136b(4)(b) Person B Second degree child abuse – second or subsequent offense 20
6 750.136b(6) Person G Child
Third degree child abuse – third degree 2
7 750.136c Person B Buying or selling an individual 20
8 750.136d(1)(a) Person A First degree child abuse in presence of another child – first offense Life
9 750.136d(1)(b) Person A First degree child abuse in presence of another child – second or subsequent offense Life
10 750.136d(1)(c) Person D Second degree child abuse in presence of another child – first offense 10
11 750.136d(1)(d) Person B Second degree child abuse in presence of another child – second or subsequent offense 20
12 750.136d(1)(e) 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
1 750.145b Person D Accosting children for immoral purposes with prior conviction 10
2 750.145c(2) Person B Child
Producing child sexually abusive activity or materials — active
involvement material 20
3 750.145c(3) Person D Child
Distributing, promoting, or
financing the distribution of child sexually
abusive activity or materials — distributing, promoting, or financing material 7
4 750.145c(4) Person F Child
Possessing child sexually abusive activities or materials —
possession material 4
5 750.145d(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
6 750.145d(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
7 750.145d(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
8 750.145d(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
1 750.145d(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
2 750.145n(1) Person C Vulnerable
First degree vulnerable adult abuse — first degree 15
3 750.145n(2) Person F Vulnerable
Second degree vulnerable adult abuse — second degree 4
4 750.145n(3) Person G Vulnerable
Third degree vulnerable adult abuse — third degree 2
5 750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5
6 750.145p(1) Person G Vulnerable
adult — commingling Commingling
funds of, obstructing
investigation regarding, or filing false information regarding, vulnerable adult 2
7 750.145p(2) Person G Retaliation or discrimination by caregiver against vulnerable adult 2
8 750.145p(5) Person E Vulnerable
adult — caregiver violations Caregiver
or licensee violation against vulnerable adult — subsequent offense 5
9 750.147b Person G Ethnic intimidation 2
10 (2) For a violation of section 145d of the Michigan penal
11 code, 1931 PA 328, MCL 750.145d, determine the offense category,
1 offense variable level, and prior record variable level based on
2 the underlying offense.
3 Enacting section 1. This amendatory act does not take effect
4 unless Senate Bill No.____ or House Bill No. 5078(request no.
5 01689'11) of the 96th Legislature is enacted into law.