HOUSE BILL No. 5171


     December 7, 1999, Introduced by Rep. Bisbee and referred to the Committee on
Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 451 (MCL 750.451).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 451.  (1)  Any person, male or female, who shall
             be

 2     adjudged guilty of a violation of sections  EXCEPT
                       AS PROVIDED IN

 3    SUBSECTION (2) OR (3), A PERSON WHO VIOLATES SECTION 448, 449,

 4    449a, or 450  shall be punished  IS GUILTY OF A
             MISDEMEANOR

 5    PUNISHABLE by imprisonment  in the county jail  for
             not more than

 6    90 days or  by  a fine of not more than $100.00, or
             both.  Any

 7     person, male or female, 17 years of age or older, who shall
                       be

 8     adjudged guilty a second time of a violation of sections
                       

 9         (2) A PERSON WHO VIOLATES SECTION 448, 449, 449a, or 450
              ,

10     the offense being charged as a second offense, shall be
                        AND HAS

11    1 PRIOR CONVICTION IS guilty of a misdemeanor  , 
             punishable by


   04863'99                                                 TVD
                                              2

 1    imprisonment  in the county jail  for not more than
             1 year or

 2     by  a fine of not more than $500.00, or both.
              Any person, male

 3     or female, adjudged guilty a third or any subsequent time of
                       a

 4     violation of sections 

 5         (3) A PERSON WHO VIOLATES SECTION 448, 449, 449a, or 450
              ,

 6     the offense being charged as a third or subsequent offense,
                       shall

 7     be  AND HAS 2 OR MORE PRIOR CONVICTIONS IS guilty
                       of a felony  , 

 8    punishable by imprisonment  in the state prison 
             for not more

 9    than 2 years.

10         (4) SUBSECTIONS (2) AND (3) DO NOT APPLY UNLESS THE PERSON

11    IS CHARGED WITH HAVING THE PRIOR CONVICTIONS.

12         (5) AS USED IN THIS SECTION, "PRIOR CONVICTION" MEANS A CON-

13    VICTION FOR A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 448,

14    449, 449A, OR 450 OR A LOCAL ORDINANCE SUBSTANTIALLY CORRESPOND-

15    ING TO SECTION 448, 449, 449A, OR 450.



























   04863'99          Final page.                            TVD