HOUSE BILL No. 6126

 

June 1, 2006, Introduced by Rep. Mortimer and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 2 of chapter XI (MCL 771.2), as amended by 2002

 

PA 666.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER XI

 

     Sec. 2. (1) Except as provided in section 2a of this chapter,

 

if the defendant is convicted for an offense that is not a felony,

 

the probation period shall not exceed 2 years. Except as provided

 

in section 2a of this chapter, if the defendant is convicted of a

 

felony, the probation period shall not exceed  5  10 years.

 

     (2) The court shall by order, to be filed or entered in the

 

cause as the court may direct by general rule or in each case, fix

 


and determine the period and conditions of probation. The order is

 

part of the record in the cause. The court may amend the order in

 

form or substance at any time.

 

     (3) A defendant who was placed on probation under section 1(4)

 

of this chapter  prior to the effective date of the act that

 

amended this section  before March 1, 2003 is subject to the

 

conditions of probation specified in section 3 of this chapter,

 

including payment of a probation supervision fee as prescribed in

 

section 3c of this chapter, and to revocation for violation of

 

these conditions, but the probation period shall not be reduced

 

other than by a revocation that results in imprisonment or as

 

otherwise provided by law.

 

     (4) If an individual is placed on probation for a listed

 

offense enumerated in section 2 of the sex offenders registration

 

act, 1994 PA 295, MCL 28.722, the individual's probation officer

 

shall register the individual or accept the individual's

 

registration as provided in that act.

 

     (5) Subsection (1) does not apply to a juvenile placed on

 

probation and committed under section 1(3) or (4) of chapter IX to

 

an institution or agency described in the youth rehabilitation

 

services act, 1974 PA 150, MCL 803.301 to 803.309.