Bill Text: MI HB4442 | 2013-2014 | 97th Legislature | Chaptered

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Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for operating vessel, ORV, or snowmobile while intoxicated or visibly impaired by alcohol or a controlled substance; prohibit. Amends sec. 13g, ch. XVII of 1927 PA 175 (MCL 777.13g). TIE BAR WITH: HB 4441'13, HB 4443'13, HB 4445'13

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-12-31 - Assigned Pa 403'14 2014 Addenda [HB4442 Detail]

Download: Michigan-2013-HB4442-Chaptered.html

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Act No. 403

Public Acts of 2014

Approved by the Governor

December 27, 2014

Filed with the Secretary of State

December 30, 2014

EFFECTIVE DATE: March 31, 2015

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Rep. Lori

ENROLLED HOUSE BILL No. 4442

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 13g of chapter XVII (MCL 777.13g), as amended by 2003 PA 232.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 13g. This chapter applies to the following felonies enumerated in chapter 324 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

324.76107(3) Pub ord D Removing or mutilating human body from Great Lakes bottomland 10

324.76107(4)(c) Property E Recovering abandoned property in Great Lakes having value of $1,000 to $20,000 or with prior convictions 5

324.76107(4)(d) Property D Recovering abandoned property in Great Lakes having value of $20,000 or more or with prior convictions 10

324.80130d(1) Pub ord H False representation to obtain personal information 4

324.80130d(2) Pub ord G False representation to obtain personal information — second offense 7

324.80130d(3) Pub ord C False representation to obtain personal information — third or subsequent offense 15

324.80134a(2) Person E Failure to stop at scene of marine accident causing serious impairment or death 5

324.80134a(3) Person C Failure to stop at scene of marine accident causing death when at fault 15

324.80172 Person G Negligent crippling or homicide by vessel 2

324.80173 Person G Felonious operation of a vessel 2

324.80176(4) Person C Operating a vessel under the influence or while impaired or with the presence of a controlled substance causing death 15

324.80176(5) Person E Operating a vessel under the influence or while impaired or with the presence of a controlled substance causing serious impairment 5

324.80177(1)(c) Pub saf E Operating a vessel under the influence or with the presence of a controlled substance — third or subsequent offense 5

324.80178b(1)(b) Person E Operating a vessel while intoxicated or impaired with a minor in the vehicle — subsequent offense 5

324.80319a(1) Pub ord H False representation to obtain personal information 4

324.80319a(2) Pub ord G False representation to obtain personal information — second offense 7

324.80319a(3) Pub ord C False representation to obtain personal information — third or subsequent offense 15

324.81120(1) Pub ord H False representation to obtain personal information 4

324.81120(2) Pub ord G False representation to obtain personal information — second offense 7

324.81120(3) Pub ord C False representation to obtain personal information — third or subsequent offense 15

324.81134(4) Person C Operating an ORV under the influence or impaired or with the presence of a controlled substance causing death 15

324.81134(5) Person E Operating an ORV under the influence or impaired or with the presence of a controlled substance causing serious impairment 5

324.81134(8)(c) Pub saf E Operating an ORV under the influence or with the presence of a controlled substance — third or subsequent offense 5

324.81134(12)(a)(ii) Person E Operating an ORV while intoxicated or impaired with a minor in the ORV — subsequent offense 5

324.82126c(1) Person G Operating a snowmobile carelessly or negligently causing death or serious impairment 2

324.82126c(2) Person G Operating a snowmobile without regard to safety causing serious impairment 2

324.82127(4) Person C Operating a snowmobile under the influence or while impaired or with the presence of a controlled substance causing death 15

324.82127(5) Person E Operating a snowmobile under the influence or while impaired or with the presence of a controlled substance causing serious impairment 5

324.82128(1)(c) Pub saf E Operating a snowmobile under the influence or with the presence of a controlled substance — third or subsequent offense 5

324.82129b(1)(b) Person E Operating a snowmobile under the influence or impaired with a minor occupying the snowmobile — subsequent offense 5

324.82160(1) Pub ord H False representation to obtain personal information 4

324.82160(2) Pub ord G False representation to obtain personal information — second offense 7

324.82160(3) Pub ord C False representation to obtain personal information — third or subsequent offense 15

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 97th Legislature are enacted into law:

(a) House Bill No. 4441.

(b) House Bill No. 4443.

(c) House Bill No. 4445.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor