Bill Text: MI SB0388 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of fleeing and eluding a peace officer; revise crime class to increase minimum sentence ranges. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x).
Spectrum: Moderate Partisan Bill (Republican 17-5)
Status: (Passed) 2012-10-17 - Assigned Pa 0323'12 With Immediate Effect [SB0388 Detail]
Download: Michigan-2011-SB0388-Chaptered.html
Act No. 323
Public Acts of 2012
Approved by the Governor
October 9, 2012
Filed with the Secretary of State
October 9, 2012
EFFECTIVE DATE: January 1, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Gleason, Hunter, Bieda, Jones, Schuitmaker, Moolenaar, Pappageorge, Green, Whitmer, Anderson, Booher, Brandenburg, Casperson, Colbeck, Emmons, Hansen, Hune, Kowall, Marleau, Richardville, Robertson and Rocca
ENROLLED SENATE BILL No. 388
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 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 105.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16x. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.478a(2) Pub ord H Unauthorized process to obstruct a public officer or employee 2
750.478a(3) Pub ord G Unauthorized process to obstruct a public officer or employee — subsequent offense 4
750.479(2) Person G Assaulting or obstructing certain officials 2
750.479(3) Person G Assaulting or obstructing certain officials causing injury 4
750.479(4) Person D Assaulting or obstructing certain officials causing serious impairment 10
750.479(5) Person B Assaulting or obstructing certain officials causing death 20
750.479a(2) Pub saf G Fleeing and eluding — fourth degree 2
750.479a(3) Pub saf E Fleeing and eluding — third degree 5
750.479a(4) Person C Fleeing and eluding — second degree 10
750.479a(5) Person B Fleeing and eluding — first degree 15
750.479b(1) Person F Disarming peace officer — nonfirearm 4
750.479b(2) Person D Disarming peace officer — firearm 10
750.479c(2)(c) Pub ord G Providing false information to peace officer conducting criminal investigation 2
750.479c(2)(d) Pub ord F Providing false or misleading information to peace officer conducting criminal investigation regarding certain felonies 4
750.480 Pub trst F Public officers — refusing to turn over books/money to successor 4
750.483a(2)(b) Person D Withholding evidence, preventing report of crime, or retaliating for reporting crime punishable by more than 10 years 10
750.483a(4)(b) Person D Interfering with police investigation by committing crime or threatening to kill or injure 10
750.483a(6)(a) Pub ord F Tampering with evidence or offering false evidence 4
750.483a(6)(b) Pub ord D Tampering with evidence or offering false evidence in case punishable by more than 10 years 10
750.488 Pub trst H Public officers — state official — retaining fees 2
750.490 Pub trst H Public money — safekeeping 2
750.491 Pub trst H Public records — removal/mutilation/ destruction 2
750.492a(1)(a) Pub trst G Medical record — intentional place false information — health care provider 4
750.492a(2) Pub trst G Medical record — health care provider — altering to conceal injury/death 4
750.495a(2) Person F Concealing objects in trees or wood products — causing injury 4
750.495a(3) Person C Concealing objects in trees or wood products — causing death 15
750.498b(2)(a) Person E Tampering with, taking, or removing marine safety device without authority causing serious impairment 5
750.498b(2)(b) Person C Tampering with, taking, or removing marine safety device without authority causing death 15
750.502d Pub saf F Unlawfully possessing or transporting anhydrous ammonia or tampering with containers 4
750.505 Pub ord E Common law offenses 5
750.508(2)(b) Pub ord G Carrying or possessing a scanner in the commission of a crime 2
750.511 Person A Blocking or wrecking railroad track Life
750.512 Property E Uncoupling railroad cars 10
Enacting section 1. This amendatory act takes effect January 1, 2013.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
