Bill Text: MI SB0825 | 2011-2012 | 96th Legislature | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for certain Michigan election law violations; enact. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d). TIE BAR WITH: SB 0823'11

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-07-18 - Assigned Pa 0278'12 With Immediate Effect [SB0825 Detail]

Download: Michigan-2011-SB0825-Enrolled.html

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Senator Robertson

ENROLLED SENATE BILL No. 825

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 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 11d. This chapter applies to the following felonies enumerated in chapter 168 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

168.731(4) Pub trst G Election law — filing certain false statements 2

168.734 Pub trst G Election law — election board refusing to provide challenger conveniences 2

168.756 Pub trst E Elector’s false statement concerning inability to mark ballot 5

168.757 Pub trst E Election inspector — unlawful conduct 5

168.759(8) Pub trst E Forged signature on absentee ballot 5

168.759b Pub trst E False statement in application for emergency absentee ballot 5

168.761(5) Pub trst E Assisting an absentee voter in making a false statement 5

168.769(4) Pub trst E Voting both in person and by absentee ballot 5

168.792a(11) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5

168.792a(16) Pub trst E Disclosing election result or how ballot voted 5

168.808 Pub trst E Untrue statement by member of board of inspectors 4

168.873 Pub trst E Misconduct of election employee in recount — county and local 5

168.887 Pub trst E Misconduct of election employee in recount 5

168.932(a) Pub trst E Bribing or intimidating voters 5

168.932(b) Pub trst E Ballot tampering 5

168.932(c) Pub trst E Destroying or falsifying election return or records 5

168.932(d) Pub trst E Disclosing votes or obstructing voter 5

168.932(e) Pub trst E Absentee ballot tampering 5

168.932(f) Pub trst E Election law — possess absent voter ballot delivered to another person 5

168.932(g) Pub trst E Suggesting how a disabled voter should vote 5

168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote 5

168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5

168.932a Pub trst G Election offenses 4

168.932c Pub trst E Providing compensation to a person for registering individuals to vote 5

168.932e Pub trst E Person intentionally misrepresenting that he or she is an election official in a polling place 5

168.933 Pub trst E False swearing to register or vote 5

168.936 Pub trst E Election law — perjury 5

168.937 Pub trst E Election law — forgery 5

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 823 of the 96th Legislature is enacted into law.

Enacting section 2. This amendatory act takes effect August 15, 2012.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor