Act No. 45

Public Acts of 1999

Approved by the Governor

June 9, 1999

Filed with the Secretary of State

June 9, 1999

EFFECTIVE DATE: October 1, 1999

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 1999

Introduced by Reps. Howell, Faunce, Sanborn, Julian, Tabor, Richner, Bishop, Vander Roest and Shulman

Reps. Basham, Birkholz, Bisbee, Cameron Brown, Byl, Callahan, Cassis, Clarke, DeHart, DeRossett, Frank, Gilbert, Hager, Jansen, Jelinek, Jellema, Ruth Johnson, Kowall, Kuipers, Kukuk, Law, Lemmons, Mead, Middaugh, Mortimer, O'Neil, Pappageorge, Patterson, Pestka, Prusi, Pumford, Raczkowski, Richardville, Rivet, Rocca, Schermesser, Scott, Scranton, Sheltrown, Spade, VanWoerkom, Vaughn, Vear, Voorhees, Wojno and Woodward named co-sponsors

ENROLLED HOUSE BILL No. 4355

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 section 16f of chapter XVII (MCL 777.16f), as added by 1998 PA 317.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.110 Property D Breaking and entering with intent to commit felony or larceny 10

750.110a(4) Person B Home invasion--first degree 20

750.110a(5) Person C Home invasion--second degree 15

750.110a(6) Person E Home invasion--third degree 5

750.111 Property E Entering without breaking with intent to commit felony or larceny 5

750.112 Person A Burglary with explosives Life

750.116 Property E Possession of burglar's tools 10

750.117 Pub trst F Bribing a public officer 4

750.118 Pub trst D Public officer accepting bribe 10

750.119 Pub trst F Bribing a juror or other person 4

750.120 Pub trst F Juror or other person accepting a bribe 4

750.121 Pub trst F Bribing a public officer to influence contract 4

750.124 Pub trst G Bribing an athlete 4

750.128 Pub ord H Bucket shop violation 2

750.131(3)(a)(iv) Property H NSF checks--$50 or less--fourth offense 13 months

750.131(3)(b)(ii) Property H NSF checks--$50 to $200--third offense 13 months

750.131(3)(c) Property H NSF checks--over $200 13 months

750.131a(1) Property H No account checks 2

750.131a(2) Property H NSF checks, 3 or more within 10 days 2

Enacting section 1. This amendatory act takes effect October 1, 1999.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 4356 of the 90th 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.