Act No. 313

Public Acts of 2003

Approved by the Governor

January 8, 2004

Filed with the Secretary of State

January 9, 2004

EFFECTIVE DATE: April 1, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2003

Introduced by Senator George

ENROLLED SENATE BILL No. 777

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 2002 PA 320.

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 D Fleeing and eluding -- second degree 10

750.479a(5) Person C 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

750.480 Pub trst F Public officers -- refusing to turn over books/money to
successor 4

750.483a(2)(b) Person D 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 4

750.483a(6)(b) Pub ord D Tampering with 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 alter 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

750.502d Pub saf F Unlawfully possessing or transporting anhydrous
ammonia or tampering with containers 4

750.505 Pub ord E Common law offenses 5

750.511 Person A Blocking or wrecking railroad track Life

750.512 Property E Uncoupling railroad cars 10

Enacting section 1. This amendatory act takes effect April 1, 2004.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 652 of the 92nd 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