Bill Text: MI HB4419 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Criminal procedure; sentencing; 2-year mandatory sentencing requirement for felony firearm conviction; eliminate. Amends sec. 227b of 1931 PA 328 (MCL 750.227b).
Spectrum: Moderate Partisan Bill (Democrat 24-5)
Status: (Introduced - Dead) 2015-06-16 - Referred To Second Reading [HB4419 Detail]
Download: Michigan-2015-HB4419-Introduced.html
HOUSE BILL No. 4419
April 14, 2015, Introduced by Reps. Heise, Robinson, Gay-Dagnogo, Zemke, Maturen, Howrylak, Vaupel, Geiss, Durhal, Chang, Singh, Santana, Banks, Dianda, Byrd, Cochran, Yanez, Greig, Hovey-Wright, Hoadley, Brunner, Smiley, Garrett, Rutledge, Phelps, Lane, Moss, Dillon and Pagel and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 227b. (1) A person who carries or has in his or her
possession a firearm when he or she commits or attempts to commit a
felony, except a violation of section 223, section 227, 227a or
230, is guilty of a felony, and shall be imprisoned for not more
than 2 years. Upon a second conviction under this section, the
person shall be imprisoned for not more than 5 years. Upon a third
or subsequent conviction under this subsection, the person shall be
imprisoned for not more than 10 years.
(2) A term of imprisonment prescribed by this section is in
addition to the sentence imposed for the conviction of the felony
or the attempt to commit the felony, and shall be served
consecutively with and preceding any term of imprisonment imposed
for the conviction of the felony or attempt to commit the felony.
(3) A term of imprisonment imposed under this section shall
not be suspended. The person subject to the sentence mandated by
this section is not eligible for parole or probation during the
mandatory
term imposed pursuant to under subsection
(1).
(4) This section does not apply to a law enforcement officer
who is authorized to carry a firearm while in the official
performance of his or her duties, and who is in the performance of
those duties. As used in this subsection, "law enforcement officer"
means
a person who is regularly employed as a member of a duly an
authorized police agency or other organization of the United
States, this state, or a city, county, township, or village of this
state, and who is responsible for the prevention and detection of
crime and the enforcement of the general criminal laws of this
state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
