HB-4419, As Passed House, June 7, 2017

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4419

 

 

 

 

 

 

 

 

 

 

 

 

A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 12 of chapter II and section 16m of chapter

 

XVII (MCL 762.12 and 777.16m), section 12 of chapter II as amended

 

by 2015 PA 32 and section 16m of chapter XVII as amended by 2014 PA

 

192.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

1 CHAPTER II

 

2 Sec. 12. (1) Subject to subsection (2), the court of record

 

3 having jurisdiction over the criminal offense referred to in

 

4 section 11 of this chapter may, at any time, terminate its

 

5 consideration of the individual as a youthful trainee or, once

 

6 having assigned the individual to the status of a youthful trainee,

 

7 may at its discretion revoke that status any time before the

 


1 individual's final release.

 

2 (2) If the court assigns an individual to youthful trainee

 

3 status, the court shall revoke that status if the individual pleads

 

4 guilty to or is convicted of any of the following during the period

 

5 of assignment:

 

6 (a) A felony for which the maximum penalty is imprisonment for

 

7 life.

 

8 (b) A major controlled substance offense.

 

9 (c) A violation, attempted violation, or conspiracy to violate

 

10 section 82, 84, 88, 110a, 224f, 226, 227, 227a, 227b, 520b, 520c,

 

11 520d, 520e, 529a, or 530 of the Michigan penal code, 1931 PA 328,

 

12 MCL 750.82, 750.84, 750.88, 750.110a, 750.224f, 750.226, 750.227,

 

13 750.227a, 750.227b, 750.520b, 750.520c, 750.520d, 750.520e,

 

14 750.529a, and 750.530, other than section 520d(1)(a) or 520e(1)(a)

 

15 of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.

 

16 (d) A violation, attempted violation, or conspiracy to violate

 

17 section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g,

 

18 with the intent to commit a violation of section 520b, 520c, 520d,

 

19 or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b,

 

20 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or

 

21 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d

 

22 and 750.520e.

 

23 (e) A firearm offense. As used in this subdivision, "firearm

 

24 offense" means a crime involving a firearm as that term is defined

 

25 in section 1 of 1927 PA 372, MCL 28.421, whether or not the

 

26 possession, use, transportation, or concealment of a firearm is an

 

27 element of the crime.


1 (3) If an individual who is required to be registered under

 

2 the sex offenders registration act, 1994 PA 295, MCL 28.721 to

 

3 28.736, willfully violates that act, the court shall revoke the

 

4 individual's status as a youthful trainee. Upon termination of

 

5 consideration or revocation of status as a youthful trainee, the

 

6 court may enter an adjudication of guilt and proceed as provided by

 

7 law. If the status of youthful trainee is revoked, an adjudication

 

8 of guilt is entered, and a sentence is imposed, the court in

 

9 imposing sentence shall specifically grant credit against the

 

10 sentence for time served as a youthful trainee in an institutional

 

11 facility of the department of corrections or in a county jail.

 

12 CHAPTER XVII

 

13 Sec. 16m. This chapter applies to the following felonies

 

14 enumerated in chapter 750 of the Michigan Compiled Laws:

 

 

15

M.C.L.

Category

Class

Description

Stat Max

16

750.223(2)

Pub saf

F

Sale of firearm to minor subsequent offense

4

17

750.223(3)

Pub ord

D

Sale of firearm to person prohibited from possessing

10

18

750.224

Pub saf

E

Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc.

5

19

750.224a(4)

Pub saf

F

Possession or sale of electrical current weapons

4

20

750.224a(6)

Pub saf

G

Improper use of electro-muscular disruption device

2


1

750.224b

Pub saf

E

Possession of short barreled shotgun or rifle

5

2

750.224c

Pub saf

F

Armor piercing ammunition

4

3

750.224d(2)

Person

G

Using self-defense spray device

2

4

750.224e

Pub saf

F

Manufacture/sale/possession of devices to convert semiautomatic weapons

4

5

750.224f(5)

Pub saf

E

Possession or sale of firearm by felon

5

6

750.224f(6)

Pub saf

E

Possession or sale of ammunition by felon

5

7

750.226

Pub saf

E

Carrying firearm or dangerous weapon with unlawful intent

5

8

750.227

Pub saf

E

Carrying a concealed weapon

5

9

750.227a

Pub saf

F

Unlawful possession of pistol

4

10

750.227c

Pub saf

G

Possessing a loaded firearm in or upon a vehicle

2

11

750.227f

Pub saf

F

Wearing body armor during commission of certain crimes

4

12

750.227g(1)

Pub saf

F

Felon purchasing, owning, possessing, or using body armor

4

13

750.230

Pub saf

G

Altering ID mark on firearm

2

14

750.232a(3)

Pub saf

G

False statement in a pistol application

4

15

750.234a(1)(a)

Pub saf

D

Discharging firearm from vehicle

10


1

750.234a(1)(b)

Person

C

Discharging firearm from vehicle causing physical injury

15

2

750.234a(1)(c)

Person

B

Discharging firearm from vehicle causing serious impairment

20

3

750.234a(1)(d)

Person

A

Discharging firearm from vehicle causing death

Life

4

750.234b(1)

Pub saf

D

Discharging firearm at a dwelling or potentially occupied structure

10

5

750.234b(2)

Pub saf

D

Discharging firearm in a dwelling or potentially occupied structure

10

6

750.234b(3)

Pub saf

C

Discharging firearm in or at a dwelling or potentially occupied structure causing physical injury

15

7

750.234b(4)

Person

B

Discharging firearm in or at a dwelling or potentially occupied structure causing serious impairment

20

8

750.234b(5)

Person

A

Discharging firearm in or at a dwelling or potentially occupied structure causing death

Life

9

750.234c

Pub saf

F

Discharging firearm at emergency/police vehicle

4

10

750.236

Person

C

Setting spring gun death resulting

15

11

750.237(3)

Person

E

Using firearm while under the influence or impaired causing serious impairment

5


1

750.237(4)

Person

C

Using firearm while under the influence or impaired causing death

15

 

 

2 Enacting section 1. This amendatory act takes effect 90 days

 

3 after the date it is enacted into law.

 

4 Enacting section 2. This amendatory act does not take effect

 

5 unless House Bill No. 4416 of the 99th Legislature is enacted into

 

6 law.