Bill Text: MI SB0206 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for certain sex offender registration crimes; revise. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: SB 0189'11

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-04-13 - Assigned Pa 0019'11 With Immediate Effect [SB0206 Detail]

Download: Michigan-2011-SB0206-Chaptered.html

Act No. 19

Public Acts of 2011

Approved by the Governor

April 12, 2011

Filed with the Secretary of State

April 12, 2011

EFFECTIVE DATE: July 1, 2011

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2011

Introduced by Senators Pavlov and Jones

ENROLLED SENATE BILL No. 206

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 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 538.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

28.214(6)(b) Pub trst F Unauthorized disclosure of information from LEIN — subsequent offense 4

28.293(1) Pub ord E False information when applying for state ID 5

28.293(2) Pub ord D False information when applying for state ID — second offense 7

28.293(3) Pub ord C False information when applying for state ID — third or subsequent offense 15

28.295(1)(a) Pub ord D Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for 10 years or more 10

28.295(1)(b) Pub ord E Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for less than 10 years or a misdemeanor punishable by more than 6 months 5

28.295(2) Pub ord E Selling counterfeited or forged state ID card or possessing counterfeited or forged state ID card with intent to deliver to another person or possessing 2 or more counterfeited or forged state ID cards 5

28.295(5) Property H Using stolen state ID card to commit felony Variable

28.295a(1) Pub ord H False representation to obtain or misuse personal information 4

28.295a(2) Pub ord G False representation to obtain or misuse personal information — second offense 7

28.295a(3) Pub ord C False representation to obtain or misuse personal information — third or subsequent offense 15

28.308 Pub saf E False certification or statement in application for enhanced driver license or enhanced official state personal identification card 5

28.422(16) Pub saf F Forgery on pistols — license application 4

28.422a(5) Pub saf F False statement on pistol sales record 4

28.425b(3) Pub saf F False statement on concealed pistol permit application 4

28.425j(2) Pub saf F Unlawful granting or presenting of pistol training certificate 4

28.425o(5)(c) Pub saf F Carrying concealed pistol in prohibited place — third or subsequent offense 4

28.435(14)(c) Pub saf G Firearm sale without trigger lock, gun case, or storage container — third or subsequent offense 2

28.516(2) Pub saf F False statement on concealed firearm certificate application 4

28.729(1)(a) Pub ord F Failure to register as a sex offender, first offense 4

28.729(1)(b) Pub ord D Failure to register as a sex offender, second offense 7

28.729(1)(c) Pub ord D Failure to register as a sex offender, third or subsequent offense 10

28.729(2) Pub ord F Failure to update sex offender registration information 2

28.734(2)(b) Pub trst G Student safety zone violation involving work or loitering — subsequent offense 2

28.735(2)(b) Pub trst G Student safety zone violation involving residency — subsequent offense 2

28.754(1) Pub ord F False report of a child abduction 4

Enacting section 1. This amendatory act takes effect July 1, 2011.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 189 of the 96th 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