Act No. 521
Public Acts of 2008
Approved by the Governor
January 12, 2009
Filed with the Secretary of State
January 13, 2009
EFFECTIVE DATE: April 1, 2009
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Senator Jelinek
ENROLLED SENATE BILL No. 760
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 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.135 Person D Exposing children with intent to injure or abandon 10
750.135a(2)(c) Person D Leaving child unattended in vehicle resulting in serious
physical harm 10
750.135a(2)(d) Person B Leaving child unattended in vehicle resulting in death 15
750.136b(2) Person B Child abuse -- first degree 15
750.136b(4) Person F Child abuse -- second degree 4
750.136b(6) Person G Child abuse -- third degree 2
750.136c Person B Buying or selling an individual 20
750.145a Person F Soliciting child to commit an immoral act 4
750.145b Person D Accosting children for immoral purposes with prior
conviction 10
750.145c(2) Person B Child sexually abusive activity or materials -- active
involvement 20
750.145c(3) Person D Child sexually abusive activity or materials --
distributing, promoting, or financing 7
750.145c(4) Person F Child sexually abusive activities or materials --
possession 4
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
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
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
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
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
750.145n(1) Person C Vulnerable adult abuse -- first degree 15
750.145n(2) Person F Vulnerable adult abuse -- second degree 4
750.145n(3) Person G Vulnerable adult abuse -- third degree 2
750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5
750.145p(1) Person G Vulnerable adult -- commingling funds, obstructing
investigation, or filing false information 2
750.145p(2) Person G Retaliation or discrimination by caregiver against
vulnerable adult 2
750.145p(5) Person E Vulnerable adult -- caregiver violations -- subsequent
offense 5
750.147b Person G Ethnic intimidation 2
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act takes effect April 1, 2009.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) Senate Bill No. 158.
(b) House Bill No. 4872.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor