Bill Text: MI HB5650 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Crimes: penalties; increased penalties for crimes committed by an individual who returns to the country illegally after deportation; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 12a, 12b & 12c to ch. IX.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Introduced) 2024-04-24 - Bill Electronically Reproduced 04/23/2024 [HB5650 Detail]
Download: Michigan-2023-HB5650-Introduced.html
HOUSE BILL NO. 5650
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding sections 12a, 12b, and 12c to chapter IX.
the people of the state of michigan enact:
Sec. 12a. If an individual who has been deported or removed from the United States under federal immigration proceedings, or has departed the United States while an order of deportation or removal is outstanding, commits a felony after unlawfully reentering the United States and while remaining unlawfully present, the penalty for the felony offense must be increased in the following manner:
(a) For a first offense, the individual's maximum term must be increased by not more than 50% of the longest term prescribed by law for a first conviction of that offense.
(b) For a second or subsequent offense, the individual's maximum term must be increased to not more than twice the longest term prescribed by law for a first conviction of that offense.
Sec. 12b. (1) If the commission of a misdemeanor or felony was for the purpose of benefiting, promoting, or furthering the interests of a transnational crime organization, the penalty for the misdemeanor or felony must be increased as follows:
(a) For the first offense, the individual's maximum term must be increased by not more than 50% of the longest term prescribed by law for a first conviction of that offense.
(b) For a second or subsequent offense, the individual's maximum term must be increased to not more than twice the longest term prescribed by law for a first conviction of that offense.
(2) As used in this section, the term "transnational crime organization" means an organization that routinely facilitates the international trafficking of drugs, weapons, or human beings.
Sec. 12c. (1) In a criminal action, the prosecuting attorney may seek to enhance the sentence of the defendant as provided under section 12a or 12b of this chapter by filing a written notice of the prosecuting attorney's intent to do so not later than 21 days after the defendant's arraignment on the information charging the underlying offense or, if arraignment is waived, not later than 21 days after the filing of the information charging the underlying offense.
(2) If the sentencing enhancement under section 12a or 12b of this chapter is based on the existence of a prior conviction, the notice of intent to seek an enhanced sentence filed under subsection (1) must list the prior conviction or convictions that will or may be relied on for purposes of sentence enhancement. The notice must be filed with the court and served on the defendant or the defendant's attorney within the time provided in subsection (1). The notice may be personally served on the defendant or the defendant's attorney at the arraignment on the information charging the underlying offense, or may be served in the manner provided by law or court rule for service of written pleadings. The prosecuting attorney shall file a written proof of service with the clerk of the court.
(3) The prosecuting attorney may file notice of intent to seek an enhanced sentence after the defendant has been convicted of the underlying offense or a lesser offense, on the defendant's plea of guilty or nolo contendere if the defendant pleads guilty or nolo contendere at the arraignment on the information charging the underlying offense, or within the time allowed for filing of the notice under subsection (1).
(4) If the sentencing enhancement under section 12a or 12b of this chapter is based on the existence of a prior conviction, a defendant may challenge the accuracy or constitutional validity of 1 or more of the prior convictions listed in the notice under subsection (1) by filing a written motion with the court and by serving a copy of the motion upon the prosecuting attorney in accordance with rules of the supreme court.
(5) The existence of the defendant's prior conviction or convictions must be determined by the court, without a jury, at sentencing, or at a separate hearing scheduled for that purpose before sentencing. The existence of a prior conviction may be established by any evidence that is relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of a judgment of conviction.
(b) A transcript of a prior trial or a plea-taking or sentencing proceeding.
(c) A copy of a court register of actions.
(d) Information contained in a presentence report.
(e) A statement of the defendant.
(6) The court shall resolve any challenges to the accuracy or constitutional validity of a prior conviction or convictions that have been raised in a motion filed under subsection (4) at sentencing or at a separate hearing scheduled for that purpose before sentencing. The defendant, or the defendant's attorney, must be given an opportunity to deny, explain, or refute any evidence or information pertaining to the defendant's prior conviction or convictions before sentence is imposed, and must be permitted to present relevant evidence for that purpose. The defendant bears the burden of establishing a prima facie showing that an alleged prior conviction is inaccurate or constitutionally invalid. If the defendant establishes a prima facie showing that information or evidence concerning an alleged prior conviction is inaccurate, the prosecuting attorney bears the burden of proving, by a preponderance of the evidence, that the information or evidence is accurate. If the defendant establishes a prima facie showing that an alleged prior conviction is constitutionally invalid, the prosecuting attorney bears the burden of proving, by a preponderance of the evidence, that the prior conviction is constitutionally valid.
