Bill Text: MI HB5888 | 2023-2024 | 102nd Legislature | Enrolled

Michigan House Bill 5888 (Prior Session Legislation)

Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for sexual extortion and aggravated sexual extortion; provide for. Amends sec. 16l, ch. XVII of 1927 PA 175 (MCL 777.16l).

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Enrolled - Dead) 2024-12-31 - Presented To The Governor 01/08/2025 12:50 Pm [HB5888 Detail]

Download: Michigan-2023-HB5888-Enrolled.html

state of michigan

102nd Legislature

Regular session of 2024

Introduced by Reps. Hope, Fitzgerald, Hill, Brixie, MacDonell, Rheingans, Xiong, Arbit, Andrews, Brenda Carter, Byrnes, Haadsma, Glanville, Tsernoglou, Dievendorf, Brabec, Martus, Skaggs, Wilson, Conlin, Steckloff, McFall, Mentzer, Breen, Morgan and Rogers

ENROLLED HOUSE BILL No. 5888

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 16l of chapter XVII (MCL 777.16l), as amended by 2016 PA 150.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16l. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L.	Category	Class	Description	Stat Max
750.213	Person	B	Threats to extort money	20
750.213a(3)(a)	Person	Variable	Coercing female to have an abortion against her will	Variable
750.213b(1)(a)	Person	E	Extortion involving sexually explicit visual material ? first offense	5
750.213b(1)(b)	Person	D	Extortion involving sexually explicit visual material ? second offense	10
750.213b(1)(c)	Person	B	Extortion involving sexually explicit visual material ? third or subsequent offense	20
750.213b(2)	Person	B	Extortion involving sexually explicit visual material ? certain aggravating factors	25
750.215(3)	Pub saf	F	Impersonating peace officer	4
750.217b	Pub saf	G	Impersonating public utility employee	2
750.217c(3)	Pub ord	H	Impersonating public officer or employee ? subsequent conviction	2
750.217c(4)	Pub ord	G	Impersonating public officer or employee ? third or subsequent conviction	4
750.217d	Pub saf	C	False representation or practice as health professional	15
750.217e	Pub ord	G	Impersonating a DHHS employee	2
750.217f	Pub saf	G	Impersonating a firefighter or emergency medical service personnel	2
750.218(4)	Property	E	False pretenses involving $1,000 or more but less than $20,000 or $200 or more but less than $1,000 with prior convictions	5
750.218(5)	Property	C	False pretenses involving $20,000 or more but less than $50,000 or $1,000 or more but less than $20,000 with prior convictions	15
750.218(6)	Property	C	False pretenses involving a value of $50,000 or more but less than $100,000 or $20,000 or more but less than $50,000 with prior convictions	15
750.218(7)	Property	B	False pretenses involving a value of $100,000 or more or $50,000 or more but less than $100,000 with prior convictions	20
750.219a(2)(c)	Property	E	Telecommunications fraud with 1 or more prior convictions or involving a value of $1,000 to $20,000	5
750.219a(2)(d)	Property	D	Telecommunications fraud with 2 or more prior convictions or involving a value of $20,000 or more	10
750.219d(4)(a)	Pub ord	C	Residential mortgage fraud violation involving loan value of $100,000 or less	15
750.219d(4)(b)	Pub ord	B	Residential mortgage fraud violation involving loan value of more than $100,000	20
750.219e	Property	F	Receiving, possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds	4
750.219f	Property	F	Receiving with intent to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds	4

(2) For a violation of section 213a(3)(a) of the Michigan penal code, 1931 PA 328, MCL 750.213a, determine the offense class, offense variable level, and prior record variable level based on the underlying offense.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5887 of the 102nd Legislature is enacted into law.

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