Bill Text: MI SB0505 | 2023-2024 | 102nd Legislature | Chaptered

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Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations dealing with intimidating an election official; provide for. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d). TIE BAR WITH: HB 4129'23

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2023-12-29 - Assigned Pa 0252'23 [SB0505 Detail]

Download: Michigan-2023-SB0505-Chaptered.html

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Act No. 252

Public Acts of 2023

Approved by the Governor

November 30, 2023

Filed with the Secretary of State

December 1, 2023

EFFECTIVE DATE:  February 13, 2024

 

 

 

 

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Senators Polehanki, McCann, Geiss, Shink and Bayer

ENROLLED SENATE BILL No. 505

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 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83.

The People of the State of Michigan enact:

CHAPTER XVII

 

Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws:

M.C.L.	Category	Class	Description	Stat Max
168.303(6)	Pub trst	E	Signing a nominating petition with multiple names	5
168.482e(3)	Pub trst	E	Signing a petition with multiple names	5
168.544c(10)	Pub trst	E	Signing a nominating petition with multiple names	5
168.590h(6)	Pub trst	E	Signing a qualifying petition with multiple names	5
168.685(11)	Pub trst	E	Signing a petition to form a new political party with multiple names	5
168.720j(14)	Pub trst	E	Disclosing an election result from an early voting site before election day	5
168.731(4)	Pub trst	G	Election law — filing certain false statements	2
168.734	Pub trst	G	Election law — election board refusing to provide challenger conveniences	2
168.756	Pub trst	E	Elector’s false statement concerning inability to mark ballot	5
168.757	Pub trst	E	Election inspector — unlawful conduct	5
168.759(13)	Pub trst	E	Forged signature on absentee ballot	5
168.759b	Pub trst	E	False statement in application for emergency absentee ballot	5
168.761(5)	Pub trst	E	Assisting an absentee voter in making a false statement	5
168.765a(9)	Pub trst	E	Disclosing how ballot voted or election results early before polls are closed	5
168.769(4)	Pub trst	E	Voting both in person and by absentee ballot	5
168.808	Pub trst	E	Untrue statement by member of board of inspectors	4
168.873	Pub trst	E	Misconduct of election employee in recount — county and local	5
168.887	Pub trst	E	Misconduct of election employee in recount	5
168.931b	Person	E	Intimidating an election official or preventing an election official from performing the election official’s duties — third or subsequent offense	5
168.932(a)	Pub trst	E	Bribing or intimidating voters	5
168.932(b)	Pub trst	E	Ballot tampering	5
168.932(c)	Pub trst	E	Destroying or falsifying election return or records	5
168.932(d)	Pub trst	E	Disclosing votes or obstructing voter	5
168.932(e)	Pub trst	E	Absentee ballot tampering	5
168.932(f)	Pub trst	E	Election law — possess absent voter ballot delivered to another person	5
168.932(g)	Pub trst	E	Suggesting how a disabled voter should vote	5
168.932(h)	Pub trst	E	Suggesting or influencing how an absentee voter should vote	5
168.932(i)	Pub trst	E	Organizing a meeting where absentee voter ballots are to be voted	5
168.932a	Pub trst	G	Election offenses	4
168.932c	Pub trst	E	Providing compensation to a person for registering individuals to vote	5
168.932e	Pub trst	E	Person intentionally misrepresenting that he or she is an election official in a polling place	5
168.936	Pub trst	E	Election law — perjury	5
168.937	Pub trst	E	Election law — forgery	5
168.954(4)	Pub trst	E	Signing a recall petition with multiple names	5

 

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4129 of the 102nd Legislature is enacted into law.

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor