Act No. 102

Public Acts of 2002

Approved by the Governor

March 27, 2002

Filed with the Secretary of State

March 27, 2002

EFFECTIVE DATE: July 1, 2002

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2002

Introduced by Reps. Bishop, Raczkowski, Cassis, Meyer, Van Woerkom, Koetje, Kowall, Richner, Vander Veen, Tabor, Ruth Johnson, Woronchak, LaSata and Lemmons

ENROLLED HOUSE BILL No. 5126

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 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16r. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.356(2)PropertyDLarceny involving $20,000 or more or with prior
convictions10
750.356(3)PropertyELarceny involving $1,000 to $20,000 or with prior
convictions 5
750.356a(1)PropertyGLarceny from a motor vehicle 5
750.356a(2)(c)PropertyEBreaking and entering a vehicle to steal $1,000 to
$20,000 or with prior convictions 5
750.356a(2)(d)PropertyDBreaking and entering a vehicle to steal $20,000 or
more or with prior convictions10
750.356a(3)PropertyGBreaking and entering a vehicle to steal causing
damage 5
750.356bPropertyGBreaking and entering a coin telephone 4
750.356cPropertyERetail fraud -- first degree 5
750.357PersonDLarceny from the person10
750.357aPropertyGLarceny of livestock 4
750.357bPropertyELarceny -- stealing firearms of another 5
750.358PropertyGLarceny from burning building 5
750.360PropertyGLarceny in a building 4
750.360a(2)(b)PropertyFTheft detection device offense with prior conviction 4
750.361PropertyHTrains -- stealing/maliciously removing parts 2
750.362PropertyELarceny by conversion involving $1,000 to $20,000 or
with prior convictions 5
PropertyDLarceny by conversion involving $20,000 or more or
with prior convictions10
750.362a(2)PropertyDLarceny of rental property involving $20,000 or more
or with prior convictions10
750.362a(3)PropertyELarceny of rental property involving $1,000 to $20,000
or with prior convictions 5
750.363PropertyELarceny by false personation involving $1,000 to
$20,000 or with prior convictions 5
PropertyDLarceny by false personation involving $20,000 or
more10
750.365PersonDLarceny from car or persons detained or injured by
accident20
750.366PropertyGLarceny of railroad tickets 4
750.367PropertyELarceny of trees or shrubs involving $1,000 to $20,000
or with prior convictions 5
PropertyDLarceny of a tree or shrub involving $20,000 or more
or with prior convictions10
750.367bPropertyEAirplanes -- taking possession 5
750.368(5)Pub ordGPreparing, serving, or executing unauthorized
process -- third or subsequent offense 4
750.372Pub ordHRunning or allowing lottery 2
750.373Pub ordHSelling or possessing lottery tickets 2
750.374Pub ordHLottery violations -- subsequent offense 4

Enacting section 1. This amendatory act takes effect July 1, 2002.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5125 of the 91st Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.