Act No. 630

Public Acts of 2002

Approved by the Governor

December 22, 2002

Filed with the Secretary of State

December 23, 2002

EFFECTIVE DATE: March 31, 2003

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2002

Introduced by Rep. Bishop

ENROLLED HOUSE BILL No. 5297

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 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 47.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.135 Person D Exposing children with intent to injure or abandon 10

750.136b(2) Person B Child abuse -- first degree 15

750.136b(4) Person F Child abuse -- second degree 4

750.136b(5) Person G Child abuse -- third degree 2

750.136c Person B Buying or selling an individual 20

750.145a Person F Soliciting child to commit an immoral act 4

750.145b Person D Accosting children for immoral purposes with
prior conviction 10

750.145c(2) Person B Child sexually abusive activity or materials -- active
involvement 20

750.145c(3) Person D Child sexually abusive activity or materials --
distributing, promoting, or financing 7

750.145c(4) Person F Child sexually abusive activities or materials --
possession 4

750.145d(2)(b) Variable G Using internet or computer to commit crime punishable
by a maximum term of imprisonment of at least
1 year but less than 2 years 2

750.145d(2)(c) Variable F Using internet or computer to commit crime punishable
by a maximum term of imprisonment of at least
2 years but less than 4 years 4

750.145d(2)(d) Variable D Using internet or computer to commit crime punishable
by a maximum term of imprisonment of at least
4 years but less than 10 years 10

750.145d(2)(e) Variable C Using internet or computer to commit crime punishable
by a maximum term of imprisonment of at least
10 years but less than 15 years 15

750.145d(2)(f) Variable B Using internet or computer to commit crime punishable
by a maximum term of imprisonment of at least
15 years or for life 20

750.145n(1) Person C Vulnerable adult abuse -- first degree 15

750.145n(2) Person F Vulnerable adult abuse -- second degree 4

750.145n(3) Person G Vulnerable adult abuse -- third degree 2

750.145o Person E Death of vulnerable adult caused by unlicensed caretaker 5

750.145p(1) Person G Vulnerable adult -- commingling funds, obstructing
investigation, or filing false information 2

750.145p(2) Person G Retaliation or discrimination by caregiver against
vulnerable adult 2

750.145p(5) Person E Vulnerable adult -- caregiver violations -- subsequent
offense 5

750.147b Person G Ethnic intimidation 2

(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.

Enacting section 1. This amendatory act takes effect December 1, 2002.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5296 of the 91st Legislature is enacted into law.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.