Bill Text: MI HB5608 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for dissemination or possession of sexually explicit visual material by minors under certain circumstances; provide for. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 5607'19
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-11 - Bill Electronically Reproduced 03/11/2020 [HB5608 Detail]
Download: Michigan-2019-HB5608-Introduced.html
HOUSE BILL NO. 5608
March 10, 2020, Introduced by Reps. Guerra and
Filler 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 2018 PA 374.
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 — second or subsequent offense |
20 |
|
750.136b(6) |
Person |
G |
Third degree child abuse |
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 |
|
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 Soliciting child to commit an
immoral act – second or subsequent offense |
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 |
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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 |
|
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 |
|
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 |
|
750.145h(6) |
Person |
F |
Dissemination of certain sexually explicit material – second or subsequent offense |
4 |
|
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 |
|
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
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 |
|
750.145p(5) |
Person |
E |
Caregiver or licensee violation against vulnerable adult — second or subsequent offense |
5 |
|
750.147b |
Person |
G |
Ethnic intimidation |
2 |
(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 takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5607(request no. 00213'19) of the 100th Legislature is enacted into law.
