Bill Text: MI HB5289 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for the commission of a hate crime; provide for. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 5288'23
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2023-11-02 - Bill Electronically Reproduced 11/01/2023 [HB5289 Detail]
Download: Michigan-2023-HB5289-Introduced.html
HOUSE BILL NO. 5289
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 2020 PA 50.
the people of the state of michigan enact:
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Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
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M.C.L. |
Category |
Class |
Description |
Stat Max |
|
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
|
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
|
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
|
750.136 |
Person |
B |
Female genital mutilation violation |
15 |
|
750.136a |
Person |
B |
Transporting person for purpose of female genital mutilation |
15 |
|
750.136b(2) |
Person |
A |
First degree child abuse |
Life |
|
750.136b(4)(a) |
Person |
C |
Second degree child abuse — first offense |
10 |
|
750.136b(4)(b) |
Person |
B |
Second degree child abuse — with prior conviction |
20 |
|
750.136b(6)(a) |
Person |
G |
Third degree child abuse – first offense |
2 |
|
750.136b(6)(b) |
Person |
E |
Third degree child abuse – with prior conviction |
5 |
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750.136b(8)(b) |
Person |
G |
Fourth degree child abuse – with prior conviction |
2 |
|
750.136c |
Person |
B |
Buying or selling an individual |
20 |
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750.136d(1)(a) |
Person |
A |
First degree child abuse in presence of another child |
Life |
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750.136d(1)(b) |
Person |
D |
Second degree child abuse in presence of another child – first offense |
10 |
|
750.136d(1)(c) |
Person |
B |
Second degree child abuse in presence of another child – second or subsequent offense |
20 |
|
750.136d(1)(d) |
Person |
G |
Third degree child abuse in presence of another child |
2 |
|
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
|
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
|
750.145c(2)(a) |
Person |
B |
Producing child sexually abusive activity or material |
20 |
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750.145c(2)(b) |
Person |
B |
Aggravated producing of child sexually abusive activity or material |
25 |
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750.145c(3)(a) |
Person |
D |
Distributing, promoting, or financing the distribution of child sexually abusive activity or material |
7 |
|
750.145c(3)(b) |
Person |
C |
Aggravated distributing, promoting, or financing the distribution of child sexually abusive activity or material |
15 |
|
750.145c(4)(a) |
Person |
F |
Possessing child sexually abusive material |
4 |
|
750.145c(4)(b) |
Person |
B |
Aggravated possession of child sexually abusive material |
10 |
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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 |
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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 |
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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 |
|
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 |
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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 |
|
750.145n(1) |
Person |
C |
First degree vulnerable adult abuse |
15 |
|
750.145n(2) |
Person |
F |
Second degree vulnerable adult abuse |
4 |
|
750.145n(3) |
Person |
G |
Third degree vulnerable adult abuse |
2 |
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750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
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750.145p(1) |
Person |
G |
Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult |
2 |
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750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
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750.145p(5) |
Person |
E |
Caregiver or licensee violation against vulnerable adult — second or subsequent offense |
5 |
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750.147b 750.147b(3) |
Person |
GF |
Ethnic intimidationHate crime |
25 |
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750.147b(4) |
Person |
D |
Hate crime with aggravating factors |
10 |
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5288 (request no. 04716'23) of the 102nd Legislature is enacted into law.
