Bill Text: MI HB4921 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Criminal procedure; sentencing; reference to major controlled substance offenses; eliminate. Amends secs. 10, 11 & 12, ch. IX of 1927 PA 175 (MCL 769.10 et seq.). TIE BAR WITH: HB 4918'09, HB 4919'09, HB 4920'09
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Introduced - Dead) 2009-05-20 - Referred To Committee On Judiciary [HB4921 Detail]
Download: Michigan-2009-HB4921-Engrossed.html
HB-4921, As Passed House, May 19, 2009
HOUSE BILL No. 4921
May 12, 2009, Introduced by Reps. Kowall, Johnson, Rick Jones, Scripps, Durhal, Nathan, Miller, Constan, Liss, Jackson, Tlaib, Geiss, Young, Stanley and Leland and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 10, 11, and 12 of chapter IX (MCL 769.10,
769.11, and 769.12), as amended by 2006 PA 655.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 10. (1) If a person has been convicted of a felony or an
attempt to commit a felony, whether the conviction occurred in this
state or would have been for a felony or attempt to commit a felony
in this state if obtained in this state, and that person commits a
subsequent felony within this state, the person shall be punished
upon conviction of the subsequent felony and sentencing under
section 13 of this chapter as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a term less than life, the court,
except as otherwise provided in this section or section 1 of
chapter XI, may place the person on probation or sentence the
person to imprisonment for a maximum term that is not more than 1-
1/2 times the longest term prescribed for a first conviction of
that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for life, the court, except as otherwise
provided in this section or section 1 of chapter XI, may place the
person on probation or sentence the person to imprisonment for life
or for a lesser term.
(c)
If the subsequent felony is a major controlled substance
offense,
the person shall be punished as provided by part 74 of the
public
health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2)
If the court pursuant to this section imposes a sentence
of imprisonment for any term of years under this section, the court
shall fix the length of both the minimum and maximum sentence
within any specified limits in terms of years or a fraction of a
year and the sentence so imposed shall be considered an
indeterminate sentence. The court shall not fix a maximum sentence
that is less than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
Sec. 11. (1) If a person has been convicted of any combination
of 2 or more felonies or attempts to commit felonies, whether the
convictions occurred in this state or would have been for felonies
or attempts to commit felonies in this state if obtained in this
state, and that person commits a subsequent felony within this
state, the person shall be punished upon conviction of the
subsequent felony and sentencing under section 13 of this chapter
as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a term less than life, the court,
except as otherwise provided in this section or section 1 of
chapter XI, may sentence the person to imprisonment for a maximum
term that is not more than twice the longest term prescribed by law
for a first conviction of that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for life, the court, except as otherwise
provided in this section or section 1 of chapter XI, may sentence
the person to imprisonment for life or for a lesser term.
(c)
If the subsequent felony is a major controlled substance
offense,
the person shall be punished as provided by part 74 of the
public
health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2)
If the court pursuant to this section imposes a sentence
of imprisonment for any term of years under this section, the court
shall fix the length of both the minimum and maximum sentence
within any specified limits in terms of years or a fraction of a
year, and the sentence so imposed shall be considered an
indeterminate sentence. The court shall not fix a maximum sentence
that is less than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
Sec. 12. (1) If a person has been convicted of any combination
of 3 or more felonies or attempts to commit felonies, whether the
convictions occurred in this state or would have been for felonies
or attempts to commit felonies in this state if obtained in this
state, and that person commits a subsequent felony within this
state, the person shall be punished upon conviction of the
subsequent felony and sentencing under section 13 of this chapter
as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term of 5 years or more or
for life, the court, except as otherwise provided in this section
or section 1 of chapter XI, may sentence the person to imprisonment
for life or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term that is less than 5
years, the court, except as otherwise provided in this section or
section 1 of chapter XI, may sentence the person to imprisonment
for a maximum term of not more than 15 years.
(c)
If the subsequent felony is a major controlled substance
offense,
the person shall be punished as provided by part 74 of the
public
health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2)
If the court pursuant to this section imposes a sentence
of imprisonment for any term of years under this section, the court
shall fix the length of both the minimum and maximum sentence
within any specified limits in terms of years or a fraction of a
year, and the sentence so imposed shall be considered an
indeterminate sentence. The court shall not fix a maximum sentence
that is less than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
(4)
An Except as otherwise
provided under section 34(7)(b),
(c), and (d), (12), (13), (14), (15), (16), and (17) of the
corrections code of 1953, 1953 PA 232, MCL 791.234, an offender
sentenced under this section or section 10 or 11 of this chapter
for
an offense other than a major controlled substance offense is
not eligible for parole until expiration of the following:
(a) For a prisoner other than a prisoner subject to
disciplinary time, the minimum term fixed by the sentencing judge
at the time of sentence unless the sentencing judge or a successor
gives written approval for parole at an earlier date authorized by
law.
(b) For a prisoner subject to disciplinary time, the minimum
term fixed by the sentencing judge.
(5) This section and sections 10 and 11 of this chapter are
not in derogation of other provisions of law that permit or direct
the imposition of a consecutive sentence for a subsequent felony.
(6) As used in this section, "prisoner subject to disciplinary
time" means that term as defined in section 34 of 1893 PA 118, MCL
800.34.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4920(request no.
01348'09).
(b) Senate Bill No.____ or House Bill No. 4919(request no.
01348'09 a).
(c) Senate Bill No.____ or House Bill No. 4918(request no.
01348'09 b).
