Act No. 130

Public Acts of 2010

Approved by the Governor

July 21, 2010

Filed with the Secretary of State

July 21, 2010

EFFECTIVE DATE: July 21, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Senators Olshove, Whitmer, Jacobs, Switalski, Anderson, Hunter, Gleason, Brater, Cherry, Prusi, Patterson, Brown, Nofs and Richardville

ENROLLED SENATE BILL No. 1312

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 16o of chapter XVII (MCL 777.16o), as amended by 2004 PA 457.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16o. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.271 Property E Fraudulently issuing or selling domestic securities 10

750.272 Property G Sale of fraudulent stock of foreign corporations 10

750.273 Property E Obtaining signature to financial document with intent to defraud 10

750.274 Property E Fraud – purchasing/ collecting on fraudulent financial document 10

750.276 Property G Fraud – promise to vendee of grain at fictitious price  4

750.277 Pub trst G Promise to vendee of grain to sell at a fictitious price – sale and transfer  4

750.278 Property G Fraud – warehouse receipts  5

750.279 Property G Fraud – disposition of exhausted property  4

750.280 Property E Gross frauds/cheats at common law 10

750.282 Pub ord G Public utility – fraudulent use over $500  4

750.282a Property E Illegally selling or transferring product or service of electric service provider or natural gas provider to another person  5

750.300 Pub ord G Animals – killing/injuring to defraud insurance company  2

750.300a(1)(a) Property G Food stamp fraud – $250 or less – second offense  5

Property G Food stamp fraud – $250 or less – third or subsequent offense 10

750.300a(1)(b) Property E Food stamp fraud – more than $250 to $1,000  5

Property E Food stamp fraud – more than $250 to $1,000 – subsequent offense 10

750.300a(1)(c) Property E Food stamp fraud – over $1,000 10

750.303 Pub ord H Gaming  2

750.313 Pub ord H Gambling – stocks/bonds/ commodities  2

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1311 of the 95th 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