Bill Text: MI SB0093 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for certain crimes involving electro-muscular disruption devices; enact. Amends secs. 11b & 16m, ch. XVII of 1927 PA 175 (MCL 777.11b & 777.16m). TIE BAR WITH: SB 0029'11, SB 0030'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-05-09 - Assigned Pa 0124'12 With Immediate Effect [SB0093 Detail]
Download: Michigan-2011-SB0093-Chaptered.html
Act No. 124
Public Acts of 2012
Approved by the Governor
May 8, 2012
Filed with the Secretary of State
May 8, 2012
EFFECTIVE DATE: August 6, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senator Hansen
ENROLLED SENATE BILL No. 93
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 sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2011 PA 257 and section 16m as amended by 2005 PA 106.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
28.214(6)(b) Pub trst F Unauthorized disclosure of information from LEIN — subsequent offense 4
28.293(1) Pub ord E False information when applying for state ID 5
28.293(2) Pub ord D False information when applying for state ID — second offense 7
28.293(3) Pub ord C False information when applying for state ID — third or subsequent offense 15
28.295(1)(a) Pub ord D Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for 10 years or more 10
28.295(1)(b) Pub ord E Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for less than 10 years or a misdemeanor punishable by more than 6 months 5
28.295(2) Pub ord E Selling counterfeited or forged state ID card or possessing counterfeited or forged state ID card with intent to deliver to another person or possessing 2 or more counterfeited or forged state ID cards 5
28.295(5) Property H Using stolen state ID card to commit felony Variable
28.295a(1) Pub ord H False representation to obtain or misuse personal information 4
28.295a(2) Pub ord G False representation to obtain or misuse personal information — second offense 7
28.295a(3) Pub ord C False representation to obtain or misuse personal information — third or subsequent offense 15
28.308 Pub saf E False certification or statement in application for enhanced driver license or enhanced official state personal identification card 5
28.422(16) Pub saf F Forgery on pistol — license application 4
28.422a(5) Pub saf F False statement on pistol sales record 4
28.425b(3) Pub saf F False statement on concealed pistol permit application 4
28.425j(2) Pub saf F Unlawful granting or presenting of pistol training certificate 4
28.425o(6)(c) Pub saf F Carrying concealed pistol or electro-muscular disruption device in prohibited place — third or subsequent offense 4
28.435(14)(c) Pub saf G Firearm sale without trigger lock, gun case, or storage container — third or subsequent offense 2
28.454(1) Pub saf G Consumer fireworks certificate violation 2
28.468(1)(c) Pub saf E Michigan fireworks safety act violation causing serious impairment 5
28.468(1)(d) Pub saf C Michigan fireworks safety act violation causing death 15
28.516(2) Pub saf F False statement on concealed firearm certificate application 4
28.729(1)(a) Pub ord F Failure to register as a sex offender, first offense 4
28.729(1)(b) Pub ord D Failure to register as a sex offender, second offense 7
28.729(1)(c) Pub ord D Failure to register as a sex offender, third or subsequent offense 10
28.729(2) Pub ord F Failure to update sex offender registration information 2
28.734(2)(b) Pub trst G Student safety zone violation involving work or loitering — subsequent offense 2
28.735(2)(b) Pub trst G Student safety zone violation involving residency — subsequent offense 2
28.754(1) Pub ord F False report of a child abduction 4
Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
750.223(2) Pub saf F Sale of firearm to minor — subsequent offense 4
750.223(3) Pub ord D Sale of firearm to person prohibited from possessing 10
750.224 Pub saf E Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc. 5
750.224a(4) Pub saf F Possession or sale of electrical current weapons 4
750.224a(6) Pub saf G Improper use of electro-muscular disruption device 2
750.224b Pub saf E Possession of short barreled shotgun or rifle 5
750.224c Pub saf F Armor piercing ammunition 4
750.224d(2) Person G Using self-defense spray device 2
750.224e Pub saf F Manufacture/sale/ possession of devices to convert semiautomatic weapons 4
750.224f Pub saf E Possession or sale of firearm by felon 5
750.226 Pub saf E Carrying firearm or dangerous weapon with unlawful intent 5
750.227 Pub saf E Carrying a concealed weapon 5
750.227a Pub saf F Unlawful possession of pistol 4
750.227c Pub saf G Possessing a loaded firearm in or upon a vehicle 2
750.227f Pub saf F Wearing body armor during commission of certain crimes 4
750.227g(1) Pub saf F Felon purchasing, owning, possessing, or using body armor 4
750.230 Pub saf G Altering ID mark on firearm 2
750.232a(3) Pub saf G False statement in a pistol application 4
750.234a Pub saf F Discharging firearm from vehicle 4
750.234b Pub saf F Discharging firearm in or at a building 4
750.234c Pub saf F Discharging firearm at emergency/police vehicle 4
750.236 Person C Setting spring gun — death resulting 15
750.237(3) Person E Using firearm while under the influence or impaired causing serious impairment 5
750.237(4) Person C Using firearm while under the influence or impaired causing death 15
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 all of the following bills of the 96th Legislature are enacted into law:
(a) Senate Bill No. 29.
(b) Senate Bill No. 30.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
