Act No. 268

Public Acts of 2003

Approved by the Governor

January 8, 2004

Filed with the Secretary of State

January 8, 2004

EFFECTIVE DATE: April 1, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2003

Introduced by Senators Sanborn, Toy, Gilbert and Garcia

ENROLLED SENATE BILL No. 508

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 16i of chapter XVII (MCL 777.16i), as amended by 2002 PA 278.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.158 Pub ord E Sodomy 15

750.159j Pub saf B Racketeering 20

750.160 Pub ord D Disinterring or mutilating dead human body 10

750.160a Pub ord H Photographing dead human body 2

750.160c Pub ord D Improper disposal of dead human body after more
than 180 days 10

750.161 Pub ord G Desertion/abandonment/nonsupport 3

750.164 Pub ord F Desertion to escape prosecution 4

750.165 Pub ord F Failing to pay support 4

750.171 Person E Duelling 10

750.174(4) Property E Embezzlement by agent of $1,000 to $20,000 or
with prior convictions 5

750.174(5) Property D Embezzlement by agent of $20,000 or more or
$1,000 to $20,000 with prior convictions 10

750.174a(4) Property E Embezzlement by person in a relationship of trust
with a vulnerable adult of $1,000 to $20,000 or
with prior convictions 5

750.174a(5) Property D Embezzlement by person in a relationship of trust
with a vulnerable adult of $20,000 or more or
$1,000 to $20,000 with prior convictions 10

750.175 Pub trst D Embezzlement by public official over $50 10

750.176 Pub trst E Embezzlement by administrator/executor/guardian 10

750.177(2) Property D Embezzlement by chattel mortgagor of $20,000
or more or $1,000 to $20,000 with prior
convictions 10

750.177(3) Property E Embezzlement by chattel mortgagor of $1,000 to
$20,000 or with prior convictions 5

750.178(2) Property D Embezzlement of mortgaged or leased property
of $20,000 or more or $1,000 to $20,000 with
prior convictions 10

750.178(3) Property E Embezzling mortgaged or leased property with
value of $1,000 to $20,000 or with prior convictions 5

750.180 Property D Embezzlement by financial institutions 20

750.181(4) Property E Embezzling jointly held property with value of
$1,000 to $20,000 or with prior convictions 5

750.181(5) Property D Embezzling jointly held property with value of
$20,000 or more or $1,000 to $20,000 with
prior convictions 10

750.182 Property G Embezzlement by warehouses 4

750.182a Pub trst H Falsifying school records 2

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 511 of the 92nd Legislature is enacted into law.

Enacting section 2. This amendatory act takes effect April 1, 2004.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor