Bill Text: MI SB0498 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Civil rights; general discrimination; sentencing guidelines for bias-motivated crimes; enact. Amends secs. 16g & 21, ch. XVII of 1927 PA 175 (MCL 777.16g & 777.21). TIE BAR WITH: SB 0497'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-04-30 - Referred To Committee On Judiciary [SB0498 Detail]
Download: Michigan-2009-SB0498-Introduced.html
SENATE BILL No. 498
April 30, 2009, Introduced by Senator CLARKE and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 16g and 21 of chapter XVII (MCL 777.16g and
777.21), section 16g as amended by 2008 PA 521 and section 21 as
amended by 2006 PA 655.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 16g. (1) This chapter applies to the following felonies
3 enumerated in chapter 750 of the Michigan Compiled Laws:
|
4 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
5 |
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
|
1 |
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
|
2 |
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
|
3 |
750.136b(2) |
Person |
B |
Child abuse — first degree |
15 |
|
4 |
750.136b(4) |
Person |
F |
Child abuse — second degree |
4 |
|
5 |
750.136b(6) |
Person |
G |
Child abuse — third degree |
2 |
|
6 |
750.136c |
Person |
B |
Buying or selling an individual |
20 |
|
7 |
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
|
8 |
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
|
9 |
750.145c(2) |
Person |
B |
Child sexually abusive activity or materials — active involvement |
20 |
|
10 |
750.145c(3) |
Person |
D |
Child sexually abusive activity or materials — distributing, promoting, or financing |
7 |
|
11 |
750.145c(4) |
Person |
F |
Child
sexually abusive |
4 |
|
1 |
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 |
|
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 |
|
3 |
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 |
|
4 |
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 |
|
5 |
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 |
|
6 |
750.145n(1) |
Person |
C |
Vulnerable adult abuse — first degree |
15 |
|
7 |
750.145n(2) |
Person |
F |
Vulnerable adult abuse — second degree |
4 |
|
8 |
750.145n(3) |
Person |
G |
Vulnerable adult abuse — third degree |
2 |
|
1 |
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
2 |
750.145p(1) |
Person |
G |
Vulnerable adult — commingling funds, obstructing investigation, or filing false information |
2 |
|
3 |
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
|
4 |
750.145p(5) |
Person |
E |
Vulnerable adult — caregiver violations — subsequent offense |
5 |
|
5 |
750.147b |
Person |
|
|
|
6 (2) For a violation of section 145d of the Michigan penal
7 code, 1931 PA 328, MCL 750.145d, determine the offense category,
8 offense variable level, and prior record variable level based on
9 the underlying offense.
10 (3) For a violation of section 147b of the Michigan penal
11 code, 1931 PA 328, MCL 750.147b, determine the crime class,
12 offense variable level, and prior record variable level based on
13 the predicate crime.
14 Sec. 21. (1) Except as otherwise provided in this section,
15 for an offense enumerated in part 2 of this chapter, determine
16 the recommended minimum sentence range as follows:
17 (a) Find the offense category for the offense from part 2 of
18 this chapter. From section 22 of this chapter, determine the
1 offense variables to be scored for that offense category and
2 score only those offense variables for the offender as provided
3 in part 4 of this chapter. Total those points to determine the
4 offender's offense variable level.
5 (b) Score all prior record variables for the offender as
6 provided in part 5 of this chapter. Total those points to
7 determine the offender's prior record variable level.
8 (c) Find the offense class for the offense from part 2 of
9 this chapter. Using the sentencing grid for that offense class in
10 part 6 of this chapter, determine the recommended minimum
11 sentence range from the intersection of the offender's offense
12 variable level and prior record variable level. The recommended
13 minimum sentence within a sentencing grid is shown as a range of
14 months or life.
15 (2) If the defendant was convicted of multiple offenses,
16 subject to section 14 of chapter XI, score each offense as
17 provided in this part.
18 (3) If the offender is being sentenced under section 10, 11,
19 or 12 of chapter IX, determine the offense category, offense
20 class, offense variable level, and prior record variable level
21 based on the underlying offense. To determine the recommended
22 minimum sentence range, increase the upper limit of the
23 recommended minimum sentence range determined under part 6 for
24 the underlying offense as follows:
25 (a) If the offender is being sentenced for a second felony,
26 25%.
27 (b) If the offender is being sentenced for a third felony,
1 50%.
2 (c) If the offender is being sentenced for a fourth or
3 subsequent felony, 100%.
4 (4) If the offender is being sentenced for a violation
5 described in section 18 of this chapter, both of the following
6 apply:
7 (a) Determine the offense variable level by scoring the
8 offense variables for the underlying offense and any additional
9 offense variables for the offense category indicated in section
10 18 of this chapter.
11 (b) Determine the offense class based on the underlying
12 offense. If there are multiple underlying felony offenses, the
13 offense class is the same as that of the underlying felony
14 offense with the highest crime class. If there are multiple
15 underlying offenses but only 1 is a felony, the offense class is
16 the same as that of the underlying felony offense. If no
17 underlying offense is a felony, the offense class is G.
18 (5) If the offender is being sentenced for an attempted
19 felony described in section 19 of this chapter, determine the
20 offense variable level and prior record variable level based on
21 the underlying attempted offense.
22 (6) If the offender is being sentenced for a violation of
23 section 147b of the Michigan penal code, 1931 PA 328, MCL
24 750.147b, determine the offense category, offense class, and
25 prior record variable level based on the predicate crime. To
26 determine the recommended minimum sentence range, increase both
27 the lower and the upper limit of the recommended minimum sentence
1 range for the predicate crime by 50%.
2 Enacting section 1. This amendatory act does not take effect
3 unless Senate Bill No. 497
4 of the 95th Legislature is enacted into law.
