SENATE BILL No. 1398

September 28, 2000, Introduced by Senators MC COTTER, SCHUETTE,

HAMMERSTROM, SIKKEMA and GOUGEON and referred to the

Committee on Judiciary.

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. Any person, male or female, who shall be

2 adjudged guilty of a violation of sections VIOLATES SECTION 448,

3 449, 449a, or 450, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRESPOND-

4 ING TO SECTION 448, 449, 449A, OR 450, shall be punished by

5 imprisonment in the county jail for not more than 90 days or by

6 a fine of not more than $100.00, or both. Any person, male or

7 female, 17 years of age or older, who shall be adjudged guilty a

8 second time of a violation of sections VIOLATES SECTION 448,

9 449, 449a, or 450, OR A LOCAL ORDINANCE SUBSTANTIALLY

10 CORRESPONDING TO SECTION 448, 449, 449A, OR 450, A SECOND TIME,

11 AND the offense being IS charged as a second offense, shall

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1 be IS guilty of a misdemeanor , punishable by imprisonment in

2 the county jail for not more than 1 year or by a fine of not

3 more than $500.00, or both. Any person, male or female,

4 adjudged guilty a third or any subsequent time of a violation of

5 sections VIOLATES SECTION 448, 449, 449a, or 450, OR A LOCAL

6 ORDINANCE SUBSTANTIALLY CORRESPONDING TO SECTION 448, 449, 449A,

7 OR 450, A THIRD OR A SUBSEQUENT TIME, AND the offense being IS

8 charged as a third or subsequent offense, shall be IS guilty of

9 a felony , punishable by imprisonment in the state prison for

10 not more than 2 years.

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