Bill Text: MI HB5563 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of first degree and second degree child abuse; revise, and provide penalties for crimes involving the commission of child abuse in the presence of another child. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 5562'12
Spectrum: Bipartisan Bill
Status: (Passed) 2012-07-18 - Assigned Pa 195'12 With Immediate Effect [HB5563 Detail]
Download: Michigan-2011-HB5563-Engrossed.html
HB-5563, As Passed Senate, June 14, 2012
HOUSE BILL No. 5563
April 24, 2012, Introduced by Rep. Graves and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16g of chapter XVII (MCL 777.16g), as amended
by 2008 PA 521.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 16g. (1) This chapter applies to the following felonies
3 enumerated in chapter 750 of the Michigan Compiled Laws:
4 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
5 |
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
6 |
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
1 |
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
2 |
[
|
|
|
|
|
|
750.136B(2) |
PERSON |
A |
FIRST DEGREE CHILD ABUSE |
LIFE |
3 |
|
|
|
|
]]
] |
4 |
|
Person |
|
|
|
5 |
750.136b(4)(b) |
Person |
B |
Second degree child abuse – second or subsequent offense |
20 |
6 |
750.136b(6) |
Person |
G |
|
2 |
7 |
750.136c |
Person |
B |
Buying or selling an individual |
20 |
8 |
750.136d(1)(a) |
Person |
A |
First degree child abuse in presence of another child[ ] |
Life |
9 |
[ |
|
|
|
] |
10 |
[750.136d(1)(B)] |
Person |
D |
Second degree child abuse in presence of another child – first offense |
10 |
11 |
[750.136d(1)(C)] |
Person |
B |
Second degree child abuse in presence of another child – second or subsequent offense |
20 |
12 |
[750.136d(1)(D)] |
Person |
G |
Third degree child abuse in presence of another child |
2 |
13 |
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
1 |
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
2 |
750.145c(2) |
Person |
B |
|
20 |
3 |
750.145c(3) |
Person |
D |
|
7 |
4 |
750.145c(4) |
Person |
F |
|
4 |
5 |
750.145d(2)(b) |
Variable |
G |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years |
2 |
6 |
750.145d(2)(c) |
Variable |
F |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years |
4 |
7 |
750.145d(2)(d) |
Variable |
D |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years |
10 |
8 |
750.145d(2)(e) |
Variable |
C |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years |
15 |
1 |
750.145d(2)(f) |
Variable |
B |
Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life |
20 |
2 |
750.145n(1) |
Person |
C |
|
15 |
3 |
750.145n(2) |
Person |
F |
|
4 |
4 |
750.145n(3) |
Person |
G |
|
2 |
5 |
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
6 |
750.145p(1) |
Person |
G |
|
2 |
7 |
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
8 |
750.145p(5) |
Person |
E |
|
5 |
9 |
750.147b |
Person |
G |
Ethnic intimidation |
2 |
10 (2) For a violation of section 145d of the Michigan penal
11 code, 1931 PA 328, MCL 750.145d, determine the offense category,
House Bill No. 5563 as amended June 13, 2012
1 offense variable level, and prior record variable level based on
2 the underlying offense.
<<Enacting section 1. This amendatory act takes effect July 1,
2012.>>
3 Enacting section <<2>>. This amendatory act does not take effect
4 unless Senate Bill No.____ or House Bill No. 5562(request no.
5 05874'12) of the 96th Legislature is enacted into law.