Bill Text: MI SB0338 | 2017-2018 | 99th Legislature | Chaptered


Bill Title: Criminal procedure; sentencing guidelines; crime of performing clitoridectomy, infibulation, or other female genital mutilation; provide sentencing guidelines for. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: SB 0337'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-07-12 - Assigned Pa 0072'17 With Immediate Effect [SB0338 Detail]

Download: Michigan-2017-SB0338-Chaptered.html

Act No. 72

Public Acts of 2017

Approved by the Governor

July 11, 2017

Filed with the Secretary of State

July 11, 2017

EFFECTIVE DATE: October 9, 2017

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2017

Introduced by Senators Jones, O’Brien, Schuitmaker, Bieda and MacGregor

ENROLLED SENATE BILL No. 338

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 2012 PA 195.

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

750.136b(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 — second or subsequent offense 20

750.136b(6) Person G Third degree child abuse 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) Person B Producing child sexually abusive activity or material 20

750.145c(3) Person D Distributing, promoting, or financing the distribution of child sexually abusive activity or material 7

750.145c(4) Person F Possessing child sexually abusive material 4

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. 337 of the 99th 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