Bill Text: MI HB4918 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Criminal procedure; probation; certain provisions regarding lifetime probationers; clarify. Amends sec. 2, ch. XI of 1927 PA 175 (MCL 771.2). TIE BAR WITH: HB 4919'09, HB 4920'09
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Passed) 2010-12-29 - Assigned Pa 351'10 With Immediate Effect [HB4918 Detail]
Download: Michigan-2009-HB4918-Engrossed.html
HB-4918, As Passed Senate, December 2, 2010
HOUSE BILL No. 4918
May 12, 2009, Introduced by Reps. Rick Jones, Johnson, Scripps, Kowall, Durhal, Nathan, Miller, Constan, Liss, Jackson, Tlaib, Geiss, Young, Stanley and Leland and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 2 of chapter XI (MCL 771.2), as amended by 2002
PA 666.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 2. (1) Except as provided in section 2a of this chapter,
if the defendant is convicted for an offense that is not a felony,
the probation period shall not exceed 2 years. Except as provided
in section 2a of this chapter, if the defendant is convicted of a
felony, the probation period shall not exceed 5 years.
(2) The court shall by order, to be filed or entered in the
cause as the court may direct by general rule or in each case, fix
House Bill 4918 as amended December 2, 2010
and determine the period and conditions of probation. The order is
part of the record in the cause. The court may amend the order in
form or substance at any time.
(3) A defendant who was placed on probation under section 1(4)
of
this chapter prior to the effective date of the act that amended
this
section as it existed before March 1, 2003 for an offense
committed before March 1, 2003 is subject to the conditions of
probation specified in section 3 of this chapter, including payment
of a probation supervision fee as prescribed in section 3c of this
chapter, and to revocation for violation of these conditions, but
the probation period shall not be reduced other than by a
revocation that results in imprisonment or as otherwise provided by
law.
(4) If an individual is placed on probation for a listed
offense enumerated in section 2 of the sex offenders registration
act, 1994 PA 295, MCL 28.722, the individual's probation officer
shall register the individual or accept the individual's
registration as provided in that act.
(5) Subsection (1) does not apply to a juvenile placed on
probation and committed under section 1(3) or (4) of chapter IX to
an institution or agency described in the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
<<(a) House Bill No. 4919.
(b) House Bill No. 4920.
House Bill No. 4918 as amended December 2, 2010
>>
