Bill Text: MI SB0030 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for crimes of third degree and fourth degree child abuse; modify. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: SB 0029'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-03-04 - Assigned Pa 0050'20 With Immediate Effect [SB0030 Detail]
Download: Michigan-2019-SB0030-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senator
Lucido
ENROLLED SENATE BILL No. 30
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 2018
PA 374.
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 |
750.136 |
Person |
B |
Female
genital mutilation violation |
15 |
750.136a |
Person |
B |
Transporting
person for purpose of female genital mutilation |
15 |
750.136b(2) |
Person |
A |
First
degree child abuse |
Life |
750.136b(4)(a) |
Person |
C |
Second
degree child abuse first offense |
10 |
750.136b(4)(b) |
Person |
B |
Second
degree child abuse with prior conviction |
20 |
750.136b(6)(a) |
Person |
G |
Third
degree child abuse first offense |
2 |
750.136b(6)(b) |
Person |
E |
Third
degree child abuse with prior conviction |
5 |
750.136b(8)(b) |
Person |
G |
Fourth
degree child abuse with prior conviction |
2 |
750.136c |
Person |
B |
Buying
or selling an individual |
20 |
750.136d(1)(a) |
Person |
A |
First
degree child abuse in presence of another child |
Life |
750.136d(1)(b) |
Person |
D |
Second
degree child abuse in presence of another child first offense |
10 |
750.136d(1)(c) |
Person |
B |
Second
degree child abuse in presence of another child second or subsequent
offense |
20 |
750.136d(1)(d) |
Person |
G |
Third
degree child abuse in presence of another child |
2 |
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)(a) |
Person |
B |
Producing
child sexually abusive activity or material |
20 |
750.145c(2)(b) |
Person |
B |
Aggravated
producing of child sexually abusive activity or material |
25 |
750.145c(3)(a) |
Person |
D |
Distributing,
promoting, or financing the distribution of child sexually abusive activity
or material |
7 |
750.145c(3)(b) |
Person |
C |
Aggravated
distributing, promoting, or financing the distribution of child sexually
abusive activity or material |
15 |
750.145c(4)(a) |
Person |
F |
Possessing
child sexually abusive material |
4 |
750.145c(4)(b) |
Person |
B |
Aggravated
possession of child sexually abusive material |
10 |
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 |
First
degree vulnerable adult abuse |
15 |
750.145n(2) |
Person |
F |
Second
degree vulnerable adult abuse |
4 |
750.145n(3) |
Person |
G |
Third
degree vulnerable adult abuse |
2 |
750.145o |
Person |
E |
Death
of vulnerable adult caused by unlicensed caretaker |
5 |
750.145p(1) |
Person |
G |
Commingling
funds of, obstructing investigation regarding, or filing false information
regarding, vulnerable adult |
2 |
750.145p(2) |
Person |
G |
Retaliation
or discrimination by caregiver against vulnerable adult |
2 |
750.145p(5) |
Person |
E |
Caregiver
or licensee violation against vulnerable adult second or 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 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does
not take effect unless Senate Bill No. 29 of the 100th Legislature is enacted
into law.
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor