Bill Text: MI SB0030 | 2019-2020 | 100th Legislature | Chaptered

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Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for crimes of third degree and fourth degree child abuse; modify. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: SB 0029'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-03-04 - Assigned Pa 0050'20 With Immediate Effect [SB0030 Detail]

Download: Michigan-2019-SB0030-Chaptered.html

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Act No. 50

Public Acts of 2020

Approved by the Governor

March 3, 2020

Filed with the Secretary of State

March 3, 2020

EFFECTIVE DATE:  June 1, 2020

 

 

state of michigan

100th Legislature

Regular session of 2020

Introduced by Senator Lucido

ENROLLED SENATE BILL No. 30

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 16g of chapter XVII (MCL 777.16g), as amended by 2018 PA 374.

The People of the State of Michigan enact:

CHAPTER XVII

 

Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

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 — with prior conviction	20
750.136b(6)(a)	Person	G	Third degree child abuse — first offense	2
750.136b(6)(b)	Person	E	Third degree child abuse — with prior conviction	5
750.136b(8)(b)	Person	G	Fourth degree child abuse — with prior conviction	2
750.136c	Person	B	Buying or selling an individual	20
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	10
750.145c(2)(a)	Person	B	Producing child sexually abusive activity or material	20
750.145c(2)(b)	Person	B	Aggravated producing of child sexually abusive activity or material	25
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
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
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
750.145n(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
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. 29 of the 100th Legislature is enacted into law.

 

This act is ordered to take immediate effect.

 

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor