HOUSE BILL No. 4065
January 8, 1997, Introduced by Reps. Bankes, Gire, Wallace, Scranton, Schroer, Johnson, Gilmer, Bobier, Cassis, Rhead, Green, Godchaux, Dobb, Willard, Harder, Curtis, Gustafson, Wetters, Middleton, Gagliardi, Owen, Emerson, McBryde, Byl, Birkholz, Fitzgerald, DeVuyst, Jelinek, Raczkowski, Brater, Varga, Hanley, Pitoniak, DeHart, Cherry, Cropsey, Walberg, Crissman, Galloway and Perricone and referred to the Committee on Judiciary. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7212, 7401, and 7403 (MCL 333.7212, 333.7401, and 333.7403), section 7212 as amended by 1993 PA 25 and sections 7401 and 7403 as amended by 1996 PA 249, and by adding section 7401a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7212. (1) The following controlled substances are 2 included in schedule 1: 3 (a) Any of the following opiates, including their isomers, 4 esters, the ethers, salts, and salts of isomers, esters, and 5 ethers, unless specifically excepted, when IF the existence of 6 these isomers, esters, ethers, and salts is possible within the 7 specific chemical designation: 00128'97 JOJ 2 1 Acetylmethadol Difenoxin Noracymethadol 2 Allylprodine Dimenoxadol Norlevorphanol 3 Alpha-acetylmethadol Dimepheptanol Normethadone 4 Alphameprodine Dimethylthiambutene Norpipanone 5 Alphamethadol Dioxaphetyl butyrate Phenadoxone 6 Benzethidine Dipipanone Phenampromide 7 Betacetylmethadol Ethylmethylthiambutene Phenomorphan 8 Betameprodine Etonitazene Phenoperidine 9 Betamethadol Etoxeridine Piritramide 10 Betaprodine Furethidine Proheptazine 11 Clonitazene Hydroxypethidine Properidine 12 Dextromoramide Ketobemidone Propiram 13 Diampromide Levomoramide Racemoramide 14 Diethylthiambutene Levophenacylmorphan Trimeperidine 15 Morpheridine 16 17 (b) Any of the following opium derivatives, their salts, 18 isomers, and salts of isomers, unless specifically excepted, 19 when IF the existence of these salts, isomers, and salts of 20 isomers is possible within the specific chemical designation: 21 22 Acetorphine Drotebanol Morphine-N-Oxide 23 Acetyldihydrocodeine Etorphine Myrophine 24 Benzylmorphine Heroin Nicocodeine 25 Codeine methylbromide Hydromorphinol Nicomorphine 26 Codeine-N-Oxide Methyldesorphine Normorphine 27 Cyprenorphine Methyldihydromorphine Pholcodine 28 Desomorphine Morphine methylbromide Thebacon 29 Dihydromorphine Morphine methylsulfonate 30 31 (c) Any material, compound, mixture, or preparation which 32 THAT contains any quantity of the following hallucinogenic sub- 33 stances, their salts, isomers, and salts of isomers, unless spe- 34 cifically excepted, when IF the existence of these salts, iso- 35 mers, and salts of isomers is possible within the specific chemi- 36 cal designation: 37 38 2-Methylamino-1-phenylpropan-1-one 39 Some trade and other names: 00128'97 3 1 Methcathinone 2 CAT 3 EPHEDRONE 4 (i) 3, 4-methylenedioxy amphetamine 5 5-methoxy-3, 4-methylenedioxy 6 amphetamine 7 (ii) 5-METHOXY-3, 4-METHYLENEDIOXYAMPHETAMINE 8 (iii) 3, 4, 5-trimethoxy amphetamine 9 Bufotenine 10 (iv) BUFOTENINE 11 Some trade and other names: 12 3-(B-dimethylaminoethyl)-5 hydrozyindole 13 3-(2-dimethylaminoethyl)-5 indolol 14 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine 15 Mappine 16 (v) 2, 5-Dimethoxyamphetamine 17 Some trade or other names: 18 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA 19 2, 5-DIMETHOXY-A-METHYLPHENETHYLAMINE 20 2,5-DMA 21 (vi) 4-Bromo-2, 5-Dimethoxyamphetamine 22 Some trade or other names: 23 4-bromo-2, 5 dimethoxy-a-methylphenethylamine ; 4-bromo 24 2,5-DMA 4-BROMO-2,5-DMA 25 (vii) Diethyltryptamine 26 Some trade and other names: 00128'97 4 1 N,N-Diethyltryptamine; DET 2 (viii) Dimethyltryptamine 3 Some trade or other names: 4 DMT 5 (ix) 4-methyl-2, 5-dimethoxyamphetamine 6 Some trade and other names: 7 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine 8 DOM, STP 9 (x)4-methoxyamphetamine 10 Some trade or other names: 11 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine; 12 PMA 13 (xi) Ibogaine 14 Some trade and other names: 15 7-Ethyl-6,6a,7,8,9,10,12,13 16 Octahydro-2-methoxy-6,9-methano-5H- 17 pyrido (1, 2:1, 2 azepino 4, 5-b) indole 18 tabernanthe iboga 19 (xii) Lysergic acid diethylamide 20 (xiii) Marihuana, except as otherwise provided in subsection 21 (2) 22 Mecloqualone 23 (xiv) Mescaline 24 (xv) Peyote 25 (xvi) N-ethyl-3 piperidyl benzilate 26 (xvii) N-methyl-3 piperidyl benzilate 00128'97 5 1 (xviii) Psilocybin 2 (xix) Psilocyn 3 (xx) Thiophene analog of phencyclidine 4 Some trade or other names: 5 1-(1-(2-thienyl)cyclohexyl) piperidine) 6 2-thienyl analog of phencyclidine; TPCP 7 (D) ANY MATERIAL, COMPOUND, MIXTURE, OR PRESECTION THAT CON- 8 TAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES HAVING A DEPRES- 9 SANT EFFECT ON THE CENTRAL NERVOUS SYSTEM OR THEIR SALTS, ISO- 10 MERS, AND SALTS OF ISOMERS, UNLESS SPECIFICALLY EXCEPTED, IF THE 11 EXISTENCE OF THOSE SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSI- 12 BLE WITHIN THE SPECIFIC CHEMICAL DESIGNATION: 13 (i) FLUNITRAZEPAM 14 (ii) METHAQUALONE 15 (iii) MECLOQUALONE 16 (E) ANY MATERIAL, COMPOUND, MIXTURE, OR PRESECTION THAT CON- 17 TAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES HAVING A STIMULANT 18 EFFECT ON THE CENTRAL NERVOUS SYSTEM OR THEIR SALTS, ISOMERS, AND 19 SALTS OF ISOMERS, UNLESS SPECIFICALLY EXCEPTED, IF THE EXISTENCE 20 OF THOSE SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN 21 THE SPECIFIC CHEMICAL DESIGNATION: 22 23 2-METHYLAMINO-1-PHENYLPROPAN-1-ONE 24 SOME TRADE AND OTHER NAMES: 25 METHCATHINONE 26 CAT 00128'97 6 1 EPHEDRONE 2 (F) (d) Except as provided in subsection (2), synthetic 3 equivalents of the substances contained in the plant, or in the 4 resinous extractives of cannabis and synthetic substances, deriv- 5 atives, and their isomers with similar chemical structure or 6 pharmacological activity, or both, such as the following, are 7 included in schedule 1: 8 (i) /\ cis or trans tetrahydrocannabinol, and their optical 9 isomers. 10 (ii) /\ cis or trans tetrahydrocannabinol, and their opti- 11 cal isomers. 12 (iii) /\,,cis or trans tetrahydrocannabinol, and their 13 optical isomers. 14 (G) (e) Compounds of structures of substances referred to 15 in subdivision (d) (F), regardless of numerical designation of 16 atomic positions, are included. 17 (2) Marihuana and the substances described in subsection 18 (1) (d) and (e) (1)(F) AND (G) in schedule 1 shall be regulated 19 as provided in schedule 2 , if they are dispensed in the manner 20 provided in sections 7335 and 7336. 21 (3) For purposes of subsection (1), "isomer" includes the 22 optical, position, and geometric isomers. 23 Sec. 7401. (1) Except as authorized by this article, a 24 person shall not manufacture, create, deliver, or possess with 25 intent to manufacture, create, or deliver a controlled substance, 26 a prescription form, an official prescription form, or a 27 counterfeit prescription form. A practitioner licensed by the 00128'97 7 1 administrator under this article shall not dispense, prescribe, 2 or administer a controlled substance for other than legitimate 3 and professionally recognized therapeutic or scientific purposes 4 or outside the scope of practice of the practitioner, licensee, 5 or applicant. 6 (2) A person who violates this section as to: 7 (a) A controlled substance classified in schedule 1 or 2 8 that is a narcotic drug or a drug described in section 9 7214(a)(iv) and: 10 (i) Which is in an amount of 650 grams or more of any mix- 11 ture containing that substance is guilty of a felony and shall be 12 imprisoned for life except as otherwise provided in this 13 subparagraph. A person convicted of violating this subparagraph 14 may be punished as provided by law by imposing a sentence of 15 imprisonment for any term of years but not less than 25 years if 16 any of the following apply: 17 (A) The person is within the jurisdiction of the circuit 18 court or recorder's court of the city of Detroit under 19 section 606 of the revised judicature act of 1961, Act No. 236 20 of the Public Acts of 1961, being section 600.606 of the Michigan 21 Compiled Laws, section 4 of chapter XIIA of Act No. 288 of the 22 Public Acts of 1939, being section 712A.4 of the Michigan 23 Compiled Laws, or section 10A(1)(c) of Act No. 369 of the Public 24 Acts of 1919, being section 725.10A of the Michigan Compiled 25 Laws. 1961 PA 236, MCL 600.606, SECTION 4 OF CHAPTER XIIA OF 26 1939 PA 288, MCL 712A.4, OR SECTION 10A(1)(C) OF 1919 PA 369, MCL 27 725.10A. 00128'97 8 1 (B) The person is being sentenced under section 18(1)(n) of 2 chapter XIIA of Act No. 288 of the Public Acts of 1939, being 3 section 712A.18 of the Michigan Compiled Laws 1939 PA 288, MCL 4 712A.18. 5 (ii) Which is in an amount of 225 grams or more, but less 6 than 650 grams, of any mixture containing that substance is 7 guilty of a felony and shall be imprisoned for not less than 20 8 years nor more than 30 years. 9 (iii) Which is in an amount of 50 grams or more, but less 10 than 225 grams, of any mixture containing that substance is 11 guilty of a felony and shall be imprisoned for not less than 10 12 years nor more than 20 years. 13 (iv) Which is in an amount less than 50 grams, of any mix- 14 ture containing that substance is guilty of a felony and shall be 15 imprisoned for not less than 1 year nor more than 20 years, and 16 may be fined not more than $25,000.00, or placed on probation for 17 life. 18 (b) Any other controlled substance classified in schedule 1, 19 2, or 3, except marihuana OR A SUBSTANCE DESCRIBED IN SECTION 20 7212(1)(D)(i), is guilty of a felony punishable by imprisonment 21 for not more than 7 years or a fine of not more than $10,000.00, 22 or both. 23 (c) A substance classified in schedule 4 , is guilty of a 24 felony punishable by imprisonment for not more than 4 years or a 25 fine of not more than $2,000.00, or both. 26 (d) Marihuana or a mixture containing marihuana , is 27 guilty of a felony punishable as follows: 00128'97 9 1 (i) If the amount is 45 kilograms or more, or 200 plants or 2 more, by imprisonment for not more than 15 years or a fine of not 3 more than $10,000,000.00, or both. 4 (ii) If the amount is 5 kilograms or more but less than 45 5 kilograms, or 20 plants or more but fewer than 200 plants, by 6 imprisonment for not more than 7 years or a fine of not more than 7 $500,000.00, or both. 8 (iii) If the amount is less than 5 kilograms or fewer than 9 20 plants, by imprisonment for not more than 4 years or a fine of 10 not more than $20,000.00, or both. 11 (E) EXCEPT AS PROVIDED IN SECTION 7401A, A CONTROLLED SUB- 12 STANCE DESCRIBED IN SECTION 7212(1)(D)(i) IS GUILTY OF A FELONY 13 PUNISHABLE BY IMPRISONMENT FOR NOT LESS THAN 10 YEARS OR MORE 14 THAN 15 YEARS OR A FINE OF NOT MORE THAN $20,000.00, OR BOTH. 15 (F) (e) A substance classified in schedule 5 , is guilty 16 of a felony punishable by imprisonment for not more than 2 years 17 or a fine of not more than $2,000.00, or both. 18 (G) (f) An official prescription form or a counterfeit 19 official prescription form , is guilty of a felony punishable 20 by imprisonment for not more than 20 years or a fine of not more 21 than $25,000.00, or both. 22 (H) (g) A prescription form or a counterfeit prescription 23 form other than an official prescription form or a counterfeit 24 official prescription form , is guilty of a felony punishable 25 by imprisonment for not more than 7 years or a fine of not more 26 than $5,000.00, or both. 00128'97 10 1 (3) A term of imprisonment imposed pursuant to subsection 2 (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be 3 imposed to run consecutively with any term of imprisonment 4 imposed for the commission of another felony. An individual 5 subject to a mandatory term of imprisonment under subsection 6 (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) shall not 7 be eligible for probation, suspension of that sentence, or parole 8 during that mandatory term, except and only to the extent that 9 those provisions permit probation for life, and shall not receive 10 a reduction in that mandatory term of imprisonment by disci- 11 plinary credits or any other type of sentence credit reduction. 12 (4) The court may depart from the minimum term of imprison- 13 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if 14 the court finds on the record that there are substantial and com- 15 pelling reasons to do so. In addition, if any of the following 16 apply, the court may depart from the minimum term of imprisonment 17 authorized under subsection (2)(a)(ii), (iii), or (iv) if the 18 individual has not previously been convicted of a felony or an 19 assaultive crime and has not been convicted of another felony or 20 assaultive crime arising from the same transaction as the viola- 21 tion of this section: 22 (a) The person is within the jurisdiction of the circuit 23 court or recorder's court of the city of Detroit under 24 section 606 of the revised judicature act of 1961, Act No. 236 25 of the Public Acts of 1961, being section 600.606 of the Michigan 26 Compiled Laws, section 4 of chapter XIIA of Act No. 288 of the 27 Public Acts of 1939, being section 712A.4 of the Michigan 00128'97 11 1 Compiled Laws, or section 10a(1)(c) of Act No. 369 of the Public 2 Acts of 1919, being section 725.10a of the Michigan Compiled 3 Laws 1961 PA 236, MCL 600.606, SECTION 4 OF CHAPTER XIIA OF 1939 4 PA 288, MCL 712A.4, OR SECTION 10A(1)(C) OF 1919 PA 369, MCL 5 725.10A. 6 (b) The person is being sentenced under section 18(1)(n) of 7 chapter XIIA of Act No. 288 of the Public Acts of 1939, being 8 section 712A.18 of the Michigan Compiled Laws. 1939 PA 288, MCL 9 712A.18. 10 (5) As used in this section: 11 (a) "Assaultive crime" means a violation of chapter XI of 12 the Michigan penal code, Act No. 328 of the Public Acts of 1931, 13 being sections 750.81 to 750.90 of the Michigan Compiled Laws 14 1931 PA 328, MCL 750.81 TO 750.90. 15 (b) "Plant" means a marihuana plant that has produced coty- 16 ledons or a cutting of a marihuana plant that has produced 17 cotyledons. 18 SEC. 7401A. (1) A PERSON WHO DELIVERS A CONTROLLED SUB- 19 STANCE DESCRIBED IN SECTION 7212(1)(D)(i) OR CAUSES SUCH A CON- 20 TROLLED SUBSTANCE TO BE DELIVERED TO AN INDIVIDUAL WITHOUT HIS OR 21 HER CONSENT, REGARDLESS OF WHETHER THE INDIVIDUAL IS AWARE OF THE 22 DELIVERY, TO COMMIT OR ATTEMPT TO COMMIT A VIOLATION OF SECTION 23 520B, 520C, 520D, 520E, OR 520G OF THE MICHIGAN PENAL CODE, 1931 24 PA 328, MCL 750.520B, 750.520C, 750.520D, 750.520E, AND 750.520G, 25 AGAINST THAT INDIVIDUAL IS GUILTY OF A FELONY AND SHALL BE PUN- 26 ISHED BY IMPRISONMENT FOR NOT LESS THAN 13 YEARS AND 4 MONTHS OR 27 MORE THAN 20 YEARS. THIS SUBSECTION APPLIES REGARDLESS OF 00128'97 12 1 WHETHER THE PERSON IS CONVICTED OF A VIOLATION OR ATTEMPTED 2 VIOLATION OF SECTION 520B, 520C, 520D, 520E, OR 520G OF THE 3 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C, 4 750.520D, 750.20E, AND 750.520G. 5 (2) A TERM OF IMPRISONMENT IMPOSED UNDER THIS SECTION SHALL 6 BE IMPOSED TO RUN CONSECUTIVELY WITH ANY TERM OF IMPRISONMENT 7 IMPOSED FOR ANOTHER FELONY. AN INDIVIDUAL SUBJECT TO A MANDATORY 8 TERM OF IMPRISONMENT UNDER THIS SECTION IS NOT ELIGIBLE FOR PRO- 9 BATION, SUSPENSION OF THAT SENTENCE, OR PAROLE DURING THAT MANDA- 10 TORY TERM AND SHALL NOT RECEIVE A REDUCTION IN THAT MANDATORY 11 TERM BY DISCIPLINARY CREDITS OR ANY OTHER TYPE OF SENTENCE CREDIT 12 REDUCTION. 13 (3) A CONVICTION AND SENTENCE UNDER THIS SECTION MAY BE IN 14 ADDITION TO ANY OTHER CONVICTION AND SENTENCE IMPOSED FOR ANY 15 OTHER CRIME ARISING OUT OF THE SAME TRANSACTION. 16 Sec. 7403. (1) A person shall not knowingly or intention- 17 ally possess a controlled substance, a controlled substance anal- 18 ogue, or an official prescription form or a prescription form 19 unless the controlled substance, controlled substance analogue, 20 official prescription form, or prescription form was obtained 21 directly from, or pursuant to, a valid prescription or order of a 22 practitioner while acting in the course of the practitioner's 23 professional practice, or except as otherwise authorized by this 24 article. 25 (2) A person who violates this section as to: 00128'97 13 1 (a) A controlled substance classified in schedule 1 or 2 2 that is a narcotic drug or a drug described in section 3 7214(a)(iv), and: 4 (i) Which is in an amount of 650 grams or more of any mix- 5 ture containing that substance is guilty of a felony and shall be 6 imprisoned for life except as otherwise provided in this 7 subparagraph. A person convicted of violating this subparagraph 8 may be punished as provided by law by imposing a sentence of 9 imprisonment for any term of years but not less than 25 years if 10 any of the following apply: 11 (A) The person is within the jurisdiction of the circuit 12 court or recorder's court of the city of Detroit under 13 section 606 of the revised judicature act of 1961, Act No. 236 14 of the Public Acts of 1961, being section 600.606 of the Michigan 15 Compiled Laws, section 4 of chapter XIIA of Act No. 288 of the 16 Public Acts of 1939, being section 712A.4 of the Michigan 17 Compiled Laws, or section 10a(1)(c) of Act No. 369 of the Public 18 Acts of 1919, being section 725.10a of the Michigan Compiled 19 Laws 1961 PA 236, MCL 600.606, SECTION 4 OF CHAPTER XIIA OF 1939 20 PA 288, MCL 712A.4, OR SECTION 10A(1)(C) OF 1919 PA 369, MCL 21 725.10A. 22 (B) The person is being sentenced under section 18(1)(n) of 23 chapter XIIA of Act No. 288 of the Public Acts of 1939, being 24 section 712A.18 of the Michigan Compiled Laws. 1939 PA 288, MCL 25 712A.18. 26 (ii) Which is in an amount of 225 grams or more, but less 27 than 650 grams, of any mixture containing that substance is 00128'97 14 1 guilty of a felony and shall be imprisoned for not less than 20 2 years nor more than 30 years. 3 (iii) Which is in an amount of 50 grams or more, but less 4 than 225 grams, of any mixture containing that substance is 5 guilty of a felony and shall be imprisoned for not less than 10 6 years nor more than 20 years. 7 (iv) Which is in an amount of 25 grams or more, but less 8 than 50 grams of any mixture containing that substance is guilty 9 of a felony and shall be imprisoned for not less than 1 year and 10 not more than 4 years, and may be fined not more than $25,000.00 11 or placed on probation for life. 12 (v) Which is in an amount less than 25 grams of any mixture 13 containing that substance is guilty of a felony punishable by 14 imprisonment for not more than 4 years or a fine of not more than 15 $25,000.00, or both. 16 (b) A controlled substance classified in schedule 1, 2, 3, 17 or 4, except a controlled substance for which a penalty is pre- 18 scribed in subdivision (a), (c), or (d), OR (E), or a con- 19 trolled substance analogue is guilty of a felony punishable by 20 imprisonment for not more than 2 years or a fine of not more than 21 $2,000.00, or both. 22 (c) Lysergic acid diethylamide, peyote, mescaline, dimethyl- 23 tryptamine, psilocyn, psilocybin, or a controlled substance clas- 24 sified in schedule 5 , is guilty of a misdemeanor punishable by 25 imprisonment for not more than 1 year or a fine of not more than 26 $2,000.00, or both. 00128'97 15 1 (d) Marihuana , is guilty of a misdemeanor punishable by 2 imprisonment for not more than 1 year or a fine of not more than 3 $2,000.00, or both. 4 (E) A CONTROLLED SUBSTANCE DESCRIBED IN SECTION 5 7212(1)(D)(i) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT 6 FOR NOT LESS THAN 3 YEARS OR MORE THAN 5 YEARS OR A FINE OF NOT 7 MORE THAN $4,000.00, OR BOTH. 8 (F) (e) An official prescription form , is guilty of a 9 felony punishable by imprisonment for not more than 1 year or a 10 fine of not more than $2,000.00, or both. 11 (G) (f) A prescription form other than an official pre- 12 scription form , is guilty of a misdemeanor punishable by 13 imprisonment for not more than 1 year or a fine of not more than 14 $1,000.00, or both. 15 (3) The court may depart from the minimum term of imprison- 16 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if 17 the court finds on the record that there are substantial and com- 18 pelling reasons to do so. In addition, if any of the following 19 apply, the court may depart from the minimum term of imprisonment 20 authorized under subsection (2)(a)(ii), (iii), or (iv) if the 21 individual has not previously been convicted of a felony or an 22 assaultive crime and has not been convicted of another felony or 23 assaultive crime arising from the same transaction as the viola- 24 tion of this section: 25 (a) The person is within the jurisdiction of the circuit 26 court or recorder's court of the city of Detroit under 27 section 606 of the revised judicature act of 1961, Act No. 236 00128'97 16 1 of the Public Acts of 1961, being section 600.606 of the Michigan 2 Compiled Laws, section 4 of chapter XIIA of Act No. 288 of the 3 Public Acts of 1939, being section 712A.4 of the Michigan 4 Compiled Laws, or section 10a(1)(c) of Act No. 369 of the Public 5 Acts of 1919, being section 725.10a of the Michigan Compiled 6 Laws 1961 PA 236, MCL 600.606, SECTION 4 OF CHAPTER XIIA OF 1939 7 PA 288, MCL 712A.4, OR SECTION 10A(1)(C) OF 1919 PA 369, MCL 8 725.10A. 9 (b) The person is being sentenced under section 18(1)(n) of 10 chapter XIIA of Act No. 288 of the Public Acts of 1939, being 11 section 712A.18 of the Michigan Compiled Laws 1939 PA 288, MCL 12 712A.18. 13 (4) As used in subsection (3), "assaultive crime" means a 14 violation of chapter XI of the Michigan penal code, Act No. 328 15 of the Public Acts of 1931, being sections 750.81 to 750.90 of 16 the Michigan Compiled Laws 1931 PA 328, MCL 750.81 TO 750.90. 00128'97 Final page. 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