Bill Text: MI SB0107 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for partial-birth abortion and coercion to abortion; modify. Amends secs. 16d & 16l, ch. XVII of 1927 PA 175 (MCL 777.16d & 777.16l). TIE BAR WITH: SB 0106'23
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced) 2023-03-01 - Referred To Committee On Government Operations [SB0107 Detail]
Download: Michigan-2023-SB0107-Introduced.html
SENATE BILL NO. 107
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 16d and 16l of chapter XVII (MCL 777.16d and 777.16l), section 16d as amended by 2016 PA 88 and section 16l as amended by 2016 PA 150.
the people of the state of michigan enact:
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Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
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|
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
750.81(5) |
Person |
E |
Domestic assault or assault of a pregnant individual with prior convictions |
5 |
|
750.81a(3) |
Person |
E |
Aggravated domestic assault with prior convictions |
5 |
|
750.81d(1) |
Person |
G |
Assaulting, resisting, or obstructing certain persons |
2 |
|
750.81d(2) |
Person |
F |
Assaulting, resisting, or obstructing certain persons causing injury |
4 |
|
750.81d(3) |
Person |
C |
Assaulting, resisting, or obstructing certain persons causing serious impairment |
15 |
|
750.81d(4) |
Person |
B |
Assaulting, resisting, or obstructing certain persons causing death |
20 |
|
750.81e(2) |
Person |
G |
Assault on utility worker causing bodily injury requiring medical attention |
2 |
|
750.81e(3) |
Person |
E |
Assault on utility worker causing serious impairment of a body function |
5 |
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750.82(1) |
Person |
F |
Felonious assault |
4 |
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750.82(2) |
Person |
F |
Felonious assault — weapon-free school zone |
4 |
|
750.83 |
Person |
A |
Assault with intent to murder |
Life |
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750.84(1)(a) |
Person |
D |
Assault with intent to do great bodily harm less than murder |
10 |
|
750.84(1)(b) |
Person |
D |
Assault by strangulation or suffocation |
10 |
|
750.85 |
Person |
A |
Torture |
Life |
|
750.86 |
Person |
D |
Assault with intent to maim |
10 |
|
750.87 |
Person |
D |
Assault with intent to commit a felony |
10 |
|
750.88 |
Person |
C |
Assault with intent to commit unarmed robbery |
15 |
|
750.89 |
Person |
A |
Assault with intent to commit armed robbery |
Life |
|
750.90 |
Person |
D |
Sexual intercourse under pretext of medical treatment |
10 |
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750.90a |
Person |
A |
Assault against a pregnant individual causing miscarriage, stillbirth, or death to embryo or fetus with intent or recklessness |
Life |
|
750.90b(a) |
Person |
C |
Assault against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus |
15 |
|
750.90b(b) |
Person |
D |
Assault against a pregnant individual resulting in great bodily harm to embryo or fetus |
10 |
|
750.90c(a) |
Person |
C |
Gross negligence against a pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus |
15 |
|
750.90c(b) |
Person |
E |
Gross negligence against a pregnant individual resulting in great bodily harm to embryo or fetus |
5 |
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750.90d(a) |
Person |
C |
Operating a vehicle under the influence or while impaired causing miscarriage, stillbirth, or death to embryo or fetus |
15 |
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750.90d(b) |
Person |
E |
Operating a vehicle under the influence or while impaired causing serious or aggravated injury to embryo or fetus |
5 |
|
750.90e |
Person |
G |
Careless or reckless driving causing miscarriage, stillbirth, or death to embryo or fetus |
2 |
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750.90g(3) |
Person |
A |
Performance of procedure on live infant with intent to cause death |
Life |
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750.90h |
Person |
GF |
Performing or assisting in performance of partial-birth abortion |
24 |
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750.91 |
Person |
A |
Attempted murder |
Life |
Sec. 16l. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
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M.C.L. |
Category |
Class |
Description |
Stat Max |
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750.213 |
Person |
B |
Threats to extort money |
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|
750.213a(3)(a) |
Person |
Variable |
Coercing female pregnant woman to have an abortion against her will by committing underlying offense against woman |
Variable |
|
750.213a(3)(b) |
Person |
F |
Coercing pregnant woman to have an abortion against her will by specific actions |
4 |
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750.213a(3)(c) |
Person |
E |
Coercing pregnant woman to have an abortion against her will if coercion is undertaken by putative father who is more than 18 years of age and pregnant woman is less than 18 years of age |
5 |
|
750.215(3) |
Pub saf |
F |
Impersonating peace officer |
4 |
|
750.217b |
Pub saf |
G |
Impersonating public utility employee |
2 |
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750.217c(3) |
Pub ord |
H |
Impersonating public officer or employee — subsequent conviction |
2 |
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750.217c(4) |
Pub ord |
G |
Impersonating public officer or employee — third or subsequent conviction |
4 |
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750.217d |
Pub saf |
C |
False representation or practice as health professional |
15 |
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750.217e |
Pub ord |
G |
Impersonating a DHS DHHS employee |
2 |
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750.217f |
Pub saf |
G |
Impersonating a firefighter or emergency medical service personnel |
2 |
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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 |
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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 |
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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 |
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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 |
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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 |
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750.219a(2)(d) |
Property |
D |
Telecommunications fraud with 2 or more prior convictions or involving a value of $20,000 or more |
10 |
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750.219d(4)(a) |
Pub ord |
C |
Residential mortgage fraud violation involving loan value of $100,000 or less |
15 |
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750.219d(4)(b) |
Pub ord |
B |
Residential mortgage fraud violation involving loan value of more than $100,000 |
20 |
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750.219e |
Property |
F |
Receiving, possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds |
4 |
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750.219f |
Property |
F |
Receiving with intent to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds |
4 |
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(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 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. 106 of the 102nd Legislature is enacted into law.
