Act No. 28
Public Acts of 2002
Approved by the Governor
March 7, 2002
Filed with the Secretary of State
March 7, 2002
EFFECTIVE DATE: April 1, 2002
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2002
Introduced by Reps. McConico, Faunce, Julian and O'Neil
ENROLLED HOUSE BILL No. 5389
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 17 of chapter XVII (MCL 777.17), as amended by 2001 PA 136, and by adding sections 17b, 17c, 17d, 17f, and 17g to chapter XVII.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 17. This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws as set forth in sections 17a to 17g of this chapter.
Sec. 17b. This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | |
| 752.272a(2)(c) | Pub saf | F | Sale or distribution of nitrous oxide device -- 2 or | ||
| more prior convictions | 4 | ||||
| 752.365(3) | Pub ord | G | Obscenity -- subsequent offense | 2 | |
| 752.541 | Pub saf | D | Riot | 10 | |
| 752.542 | Pub saf | D | Incitement to riot | 10 | |
| 752.542a | Pub saf | D | Riot in state correctional facilities | 10 | |
| 752.543 | Pub saf | G | Unlawful assembly | 5 | |
Sec. 17c. (1) This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | |
| 752.797(1)(c) | Property | E | Computer fraud -- 2 prior convictions or value of | ||
| $1,000 to $20,000 | 5 | ||||
| 752.797(1)(d) | Property | D | Computer fraud -- 3 or more prior convictions or | ||
| value of $20,000 or more | 10 | ||||
| 752.797(2)(a) | Property | E | Unlawfully accessing computer, computer system, | ||
| or computer program | 5 | ||||
| 752.797(2)(b) | Property | D | Unlawfully accessing computer, computer system, | ||
| or computer program, with prior conviction | 10 | ||||
| 752.797(3)(b) | Variable | G | Using computer to commit crime punishable by a | ||
| maximum term of imprisonment of more than | |||||
| 1 year but less than 2 years | 2 | ||||
| 752.797(3)(c) | Variable | F | Using computer to commit crime punishable by a | ||
| maximum term of imprisonment of at least 2 | |||||
| years but less than 4 years | 4 | ||||
| 752.797(3)(d) | Variable | D | Using computer to commit crime punishable by a | ||
| maximum term of imprisonment of at least | |||||
| 4 years but less than 10 years | 7 | ||||
| 752.797(3)(e) | Variable | D | Using computer to commit crime punishable by a | ||
| maximum term of imprisonment of at least | |||||
| 10 years but less than 20 years | 10 | ||||
| 752.797(3)(f) | Variable | B | Using computer to commit crime punishable by a | ||
| maximum term of imprisonment of at least | |||||
| 20 years or for life | 20 | ||||
(2) For a violation of section 797(3) of 1979 PA 53, MCL 752.797, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Sec. 17d. This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | |
| 752.802 | Property | H | Vending machines -- manufacture/sale of slugs | 5 | |
| 752.811 | Property | H | Breaking and entering a coin operated device | 3 | |
| 752.861 | Person | G | Careless discharge of firearm causing injury or death | 2 | |
| 752.881 | Person | G | Reckless use of bow and arrow resulting in injury | ||
| or death | 2 | ||||
| 752.1003 | Property | F | Health care fraud -- false claim/state, unnecessary, | ||
| conceal information | 4 | ||||
| 752.1004 | Property | F | Health care fraud -- kickbacks/referral fees | 4 | |
| 752.1005 | Property | H | Health care fraud -- conspiracy | 10 | |
| 752.1006 | Property | D | Health care fraud -- subsequent offense | 20 | |
| 752.1054(2) | Property | G | Copying audio/video recordings for gain | 5 | |
Sec. 17f. This chapter applies to the following felonies enumerated in chapters 760 to 799 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | |
| 764.1e | Pub trst | C | Peace officer -- false statement in a complaint | 15 | |
| 767.4a | Pub trst | F | Disclosing or possessing grand jury information | 4 | |
| 767a.9(1)(a) | Pub trst | C | Perjury committed in prosecutor's investigative | ||
| hearing -- noncapital crime | 15 | ||||
| 767a.9(1)(b) | Pub trst | B | Perjury committed in prosecutor's investigative | ||
| hearing -- capital crime | Life | ||||
Sec. 17g. This chapter applies to the following felonies enumerated in chapters 800 to 830 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max | |
| 800.281(1) | Pub saf | H | Furnishing prisoner with contraband | 5 | |
| 800.281(2) | Pub saf | H | Furnishing prisoner with contraband outside | 5 | |
| 800.281(3) | Pub saf | H | Bringing contraband into prisons | 5 | |
| 800.281(4) | Pub saf | E | Prisoner possessing contraband | 5 | |
| 800.283(1) | Pub saf | E | Furnishing weapon to prisoner in prison | 5 | |
| 800.283(2) | Pub saf | E | Prisons -- knowledge of a weapon in a correctional | ||
| facility | 5 | ||||
| 800.283(3) | Pub saf | E | Bringing weapon into prison | 5 | |
| 800.283(4) | Pub saf | E | Prisoner possessing weapon | 5 | |
| 801.262(1)(a) | Pub saf | E | Bringing weapon into jail | 5 | |
| 801.262(1)(b) | Pub saf | E | Furnishing weapon to prisoner in jail | 5 | |
| 801.262(2) | Pub saf | E | Prisoner in jail possessing weapon | 5 | |
| 801.263(1) | Pub saf | H | Furnishing contraband to prisoner in jail | 5 | |
| 801.263(2) | Pub saf | H | Prisoner in jail possessing contraband | 5 | |
Enacting section 1. This amendatory act takes effect April 1, 2002.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.