Act No. 213

Public Acts of 2015

Approved by the Governor

December 15, 2015

Filed with the Secretary of State

December 15, 2015

EFFECTIVE DATE: March 14, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2015

Introduced by Rep. Heise

ENROLLED HOUSE BILL No. 4501

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 sections 12m and 16e of chapter XVII (MCL 777.12m and 777.16e), section 12m as amended by 2005 PA 54 and section 16e as added by 1998 PA 317.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 12m. This chapter applies to the following felonies enumerated in chapters 285 to 289 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

285.83(4) Pub trst H Fraudulent warehouse receipt violations under the grain dealers act 5

285.279(2)(c) Property E False pretenses under Michigan family farm development act involving $1,000 to $20,000 or with prior convictions 5

285.279(2)(d) Property D False pretenses under Michigan family farm development act involving $20,000 or more or with prior convictions 10

286.228(6) Pub ord E Insect pest and plant disease act — intentional violation with intent to damage natural resources 5

286.260(4) Pub ord E Intentional violation of quarantine rule or order with intent to damage natural resources 5

286.929(4) Pub trst G Organic products act violations 4

287.323(1) Person C Dangerous animal causing death 15

287.323(2) Person G Dangerous animal causing serious injury 4

287.679(2) Pub ord H Dead animal violation — third or subsequent offense 1

287.744(1) Pub ord G Animal industry act violations 5

287.855 Pub saf G Violations involving contamination of livestock or diseased or quarantined livestock 5

287.967(5) Pub ord G Cervidae producer violations 4

289.5107(2) Pub saf F Adulterated, misbranded, or falsely identified food 4

Sec. 16e. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.93 Property G Removing or destroying bonds in state treasury 10

750.94 Property G Issuing bank notes without complying with requirements 10

750.95 Property G Fraudulent bank notes 10

750.96 Property G Fraudulent disposal of bank property 4

750.98 Pub ord G Private banking 4

750.99 Pub trst G Certifying checks without sufficient funds 4

750.100 Pub trst E Banks — conducting business when insolvent 5

750.101 Pub trst E Violating financial institutions act 5

750.104 Property F Fitting boat with intent to destroy 4

750.105 Property G Making false cargo invoice for boat 4

750.106 Property G Boats — making or procuring false protest 4

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 House Bill No. 4248 of the 98th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor