Bill Text: MI HB5667 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; sentencing guidelines; provision concerning sentencing multiple felonies; eliminate reference to disciplinary time. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12). TIE BAR WITH: HB 5665'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-01 - Bill Electronically Reproduced 02/28/2018 [HB5667 Detail]
Download: Michigan-2017-HB5667-Introduced.html
HOUSE BILL No. 5667
February 28, 2018, Introduced by Reps. Howrylak and LaGrand and referred to the Committee on Law and Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 12 of chapter IX (MCL 769.12), as amended by
2012 PA 319.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 12. (1) If a person has been convicted of any combination
of 3 or more felonies or attempts to commit felonies, whether the
convictions occurred in this state or would have been for felonies
or attempts to commit felonies in this state if obtained in this
state, and that person commits a subsequent felony within this
state,
the person shall must be punished upon conviction of the
subsequent
felony and sentencing sentenced
under section 13 of this
chapter as follows:
(a) If the subsequent felony is a serious crime or a
conspiracy to commit a serious crime, and 1 or more of the prior
felony convictions are listed prior felonies, the court shall
sentence the person to imprisonment for not less than 25 years. Not
more
than 1 conviction arising out of the same transaction shall be
is considered a prior felony conviction for the purposes of this
subsection only.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term of 5 years or more or
for life, the court, except as otherwise provided in this section
or section 1 of chapter XI, may sentence the person to imprisonment
for life or for a lesser term.
(c) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term that is less than 5
years, the court, except as otherwise provided in this section or
section 1 of chapter XI, may sentence the person to imprisonment
for a maximum term of not more than 15 years.
(d) If the subsequent felony is a major controlled substance
offense,
the person shall must be punished as provided by part 74
of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court imposes a sentence of imprisonment for any
term of years under this section, the court shall fix the length of
both the minimum and maximum sentence within any specified limits
in terms of years or a fraction of a year, and the sentence so
imposed
shall must be considered an indeterminate sentence. The
court shall not fix a maximum sentence that is less than the
maximum term for a first conviction.
(3)
A conviction shall must not be used to enhance a sentence
under this section if that conviction is used to enhance a sentence
under a statute that prohibits use of the conviction for further
enhancement under this section.
(4) An offender sentenced under this section or section 10 or
11 of this chapter for an offense other than a major controlled
substance offense is not eligible for parole until expiration of
the
following:
(a)
For a prisoner other than a prisoner subject to
disciplinary
time, the minimum term fixed by the
sentencing judge
at the time of sentence unless the sentencing judge or a successor
gives written approval for parole at an earlier date authorized by
law.
(b)
For a prisoner subject to disciplinary time, the minimum
term
fixed by the sentencing judge.
(5) This section and sections 10 and 11 of this chapter are
not in derogation of other provisions of law that permit or direct
the imposition of a consecutive sentence for a subsequent felony.
(6) As used in this section:
(a) "Listed prior felony" means a violation or attempted
violation of any of the following:
(i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle
code, 1949 PA 300, MCL 257.602a and 257.625.
(ii) Article 7 of the public health code, 1978 PA 368, MCL
333.7101 to 333.7545, that is punishable by imprisonment for more
than 4 years.
(iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2)
or (3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a,
234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i,
479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the
Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83,
750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a,
750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a,
750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a,
750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c,
750.520d, 750.520g, 750.529, 750.529a, and 750.530.
(iv) A second or subsequent violation or attempted violation
of section 227b of the Michigan penal code, 1931 PA 328, MCL
750.227b.
(v) Section 2a of 1968 PA 302, MCL 752.542a.
(b)
"Prisoner subject to disciplinary time" means that term as
defined
in section 34 of 1893 PA 118, MCL 800.34.
(b) (c)
"Serious crime" means an
offense against a person in
violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350,
397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal
code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89,
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
750.520c, 750.520d, 750.520g, 750.529, and 750.529a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5665 (request no.
02131'17) of the 99th Legislature is enacted into law.
