Act No. 150

Public Acts of 2004

Approved by the Governor

June 15, 2004

Filed with the Secretary of State

June 15, 2004

EFFECTIVE DATE: September 1, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Sanborn, Garcia, Switalski, Kuipers, Cropsey and Goschka

ENROLLED SENATE BILL No. 912

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 11b of chapter XVII (MCL 777.11b), as added by 2002 PA 31.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
28.214Pub trstFUnauthorized disclosure of information from LEIN --
subsequent offense 4
28.293(1)Pub ordEFalse information when applying for state ID 5
28.293(2)Pub ordDFalse information when applying for state ID -- second
offense 7
28.293(3)Pub ordCFalse information when applying for state ID -- third
or subsequent offense15
28.295(1)(a)Pub ordDCounterfeiting or forging state ID card or using
counterfeited or forged state ID card to commit felony punishable by imprisonment for 10 years or more
10
28.295(1)(b)Pub ordECounterfeiting or forging state ID card or using
counterfeited or forged state ID card to commit
felony punishable by imprisonment for less than
10 years or a misdemeanor punishable by more
than 6 months 5
28.295(2)Pub ordESelling counterfeited or forged state ID card or
possessing counterfeited or forged state ID card
with intent to deliver to another person or possessing
2 or more counterfeited or forged state ID cards 5
28.295(5)PropertyHUsing stolen state ID card to commit felonyVariable
28.295a(1)Pub ordHFalse representation to obtain or misuse personal
information 4
28.295a(2)Pub ordGFalse representation to obtain or misuse personal
information -- second offense 7
28.295a(3)Pub ordCFalse representation to obtain or misuse personal
information -- third or subsequent offense15
28.422Pub safFPistols -- license application forgery 4
28.422a(4)Pub safFFalse statement on pistol sales record 4
28.425b(3)Pub safFFalse statement on concealed pistol permit
application 4
28.425j(2)Pub safFUnlawful granting or presenting of pistol training
certificate 4
28.425o(5)(c)Pub safFCarrying concealed pistol in prohibited place -- third or
subsequent offense 4
28.435(14)(c)Pub safGFirearm sale without trigger lock, gun case, or storage
container -- third or subsequent offense 2
28.729(1)(a)Pub ordFFailure to register as a sex offender, first offense 4
28.729(1)(b)Pub ordDFailure to register as a sex offender, second offense 7
28.729(1)(c)Pub ordDFailure to register as a sex offender, third or
subsequent offense10

Enacting section 1. This amendatory act takes effect September 1, 2004.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 913 of the 92nd Legislature is enacted into law.

 

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor