Bill Text: MI HB5844 | 2019-2020 | 100th Legislature | Chaptered


Bill Title: Criminal procedure: sentencing; mandatory jail sentence for certain violations of the public health code; eliminate. Amends sec. 16296 & 16299 of 1978 PA 368 (MCL 333.16296 & 333.16299).

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Passed) 2020-12-31 - Assigned Pa 375'20 [HB5844 Detail]

Download: Michigan-2019-HB5844-Chaptered.html

Act No. 375

Public Acts of 2020

Approved by the Governor

January 4, 2021

Filed with the Secretary of State

January 4, 2021

EFFECTIVE DATE: March 24, 2021

state of michigan

100th Legislature

Regular session of 2020

Introduced by Reps. Bellino, Yancey, Lasinski, Tyrone Carter, Hope, Whitsett, Hood, Sneller, Sabo, Warren, Sowerby, Cambensy, Clemente, Cherry, Manoogian, Kuppa, Hoadley, Gay‑Dagnogo, Guerra, Brann and Kahle

ENROLLED HOUSE BILL No. 5844

AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16296 and 16299 (MCL 333.16296 and 333.16299), section 16299 as amended by 2012 PA 499.

The People of the State of Michigan enact:

Sec. 16296. A person who uses a title regulated by this article without a registration or under a suspended, revoked, or fraudulently obtained registration, or who uses as his or her own the registration of another person is guilty of a misdemeanor, punishable as follows:

(a) For the first offense, by imprisonment for not more than 90 days or a fine of $100.00, or both.

(b) For the second or subsequent offense, by imprisonment for not more than 1 year or a fine of not less than $300.00 nor more than $1,000.00, or both.

 

Sec. 16299. (1) Except as otherwise provided in subsection (2), a person who violates or aids or abets another in a violation of this article, other than those matters described in sections 16294 and 16296, is guilty of a misdemeanor punishable as follows:

(a) For the first offense, by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

 

(b) For the second or subsequent offense, by imprisonment for not more than 6 months or a fine of not less than $200.00 nor more than $500.00, or both.

(2) Subsection (1) does not apply to a violation of section 17015, 17015a, 17017, 17515, or 17517 or to a violation of this article for which another criminal penalty is specifically prescribed.

 

Text, letter

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Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor

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