Bill Text: MI HB6021 | 2017-2018 | 99th Legislature | Enrolled


Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of sexual penetration while HIV infected; amend to reflect reduction of penalties. Amends sec. 13k, ch. XVII of 1927 PA 175 (MCL 777.13k).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-12-31 - Assigned Pa 587'18 With Immediate Effect [HB6021 Detail]

Download: Michigan-2017-HB6021-Enrolled.html

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Rep. Hoadley

ENROLLED HOUSE BILL No. 6021

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2016 PA 387.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 13k. This chapter applies to the following felonies enumerated in chapter 333 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

333.2685 Person E Use of a live human embryo, fetus, or neonate for nontherapeutic research 5

333.2688 Person E Research on dead embryo, fetus, or neonate without mother’s consent 5

333.2689 Person E Abortion to obtain embryo or fetus 5

333.2690(1) Person E Sale or delivery of fetus, embryo, or neonate for certain purposes 5

333.2690(2) Person E Financially benefiting from granting certain persons access to an embryo, fetus, or neonate or from transferring possession of an embryo, fetus, or neonate to certain persons 5

333.2813(3) Pub trst F Unauthorized disclosure of social security number — subsequent offense 4

333.2835(9) Pub trst G Disclosing confidential information — abortion 3

333.2841(3) Pub ord E Failure to inform law enforcement or funeral home of discovery of dead body with purpose of concealing fact or cause of death 5

333.5210(1) Person F Person who has HIV knowingly engaging in vaginal or anal intercourse with uninfected person without informing the person he or she has HIV with the intent to infect that person with HIV 4

333.5210(2) Person F Person who has HIV knowingly engaging in vaginal or anal intercourse with uninfected person without informing the person he or she has HIV with reckless disregard and person contracting HIV 4

333.5661 Person F Fraud resulting in patient death 4

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 House Bill No. 6020 of the 99th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor