Bill Text: MI HB6218 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; scoring of offense variable; allow modifications based on age. Amends sec. 22, ch. XVII of 1927 PA 175 (MCL 777.22) & adds sec. 49n to ch. XVII.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-09-16 - Bill Electronically Reproduced 09/15/2020 [HB6218 Detail]
Download: Michigan-2019-HB6218-Introduced.html
HOUSE BILL NO. 6218
September 15, 2020, Introduced by Reps. Guerra,
LaGrand and Peterson and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 22 of chapter XVII (MCL 777.22), as amended by 2003 PA 134, and by adding section 49n to chapter XVII.
the people of the state of michigan enact:
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Sec. 22. (1) For all crimes against a person, score
offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20. Score
offense variables 5 and 6 for homicide, attempted homicide, conspiracy or
solicitation to commit a homicide, or assault with
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intent to
commit murder. Score offense variable 16 under this subsection for a violation
or attempted violation of section 110a of the Michigan penal code, 1931 PA 328,
MCL 750.110a. Score offense variables 17 and 18 if the offense or attempted
offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft,
or locomotive.
(2) For all crimes
against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16,
19, and 20.
(3) For all crimes
involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14,
15, 19, and 20.
(4) For all crimes
against public order and all crimes against public trust, score offense
variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(5) For all crimes
against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16,
19, and 20. Score offense variable 18 if the offense or attempted offense
involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or
locomotive.
(6)
For all crimes to which it is applicable to the facts of the case, the court shall
score offense variable 33. Offense variable 33 must be scored after the scoring
of offense variables 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19, and 20.
Sec. 49n. Offense variable 33 is age
of the defendant. The court shall score offense variable 33 if either of the
following applies by reducing the defendant's offense variable score by the
highest number of points applicable under offense variable 33:
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(a) If the
defendant was less than 24 years of age at the time he or she committed the offense
or offenses for which he or she is being
sentenced............................... |
subtract 5
points |
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(b) If the
defendant was less than 21 years of age at the time he or she committed the
offense or offenses for which he or she is being sentenced............................... |
subtract 10
points |
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
