HOUSE BILL No. 5131

 

September 7, 2005, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 12 of chapter IX (MCL 769.12), as amended by

 

1998 PA 317.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IX

 

     Sec. 12. (1) If a person has been convicted of any combination

 

of 3 or more felonies or attempts to commit felonies, whether the

 

convictions occurred in this state or would have been for felonies

 

or attempts to commit felonies in this state if obtained in this

 

state, and that person commits a subsequent felony within this

 

state, the person shall be punished upon conviction of the

 

subsequent felony and sentencing under section 13 of this chapter

 

as follows:

 


     (a) If the subsequent felony is punishable upon a first

 

conviction by imprisonment for a maximum term of 5 years or more or

 

for life, the court, except as otherwise provided in this section

 

or section 1 of chapter XI, may sentence the person to imprisonment

 

for life or for a lesser term.

 

     (b) If the subsequent felony is punishable upon a first

 

conviction by imprisonment for a maximum term that is less than 5

 

years, the court, except as otherwise provided in this section or

 

section 1 of chapter XI, may sentence the person to imprisonment

 

for a maximum term of not more than 15 years.

 

     (c) If the subsequent felony is a major controlled substance

 

offense, the person shall be punished as provided by part 74 of the

 

public health code, 1978 PA 368, MCL 333.7401 to 333.7461.

 

     (2) If the court pursuant to this section imposes a sentence

 

of imprisonment for any term of years, the court shall fix the

 

length of both the minimum and maximum sentence within any

 

specified limits in terms of years or a fraction of a year, and the

 

sentence so imposed shall be considered an indeterminate sentence.

 

     (3) A conviction shall not be used to enhance a sentence under

 

this section if that conviction is used to enhance a sentence under

 

a statute that prohibits use of the conviction for further

 

enhancement under this section.

 

     (4) An offender sentenced under this section or section 10 or

 

11 of this chapter for an offense other than a major controlled

 

substance offense is not eligible for parole until expiration of  

 

the following:

 

     (a) For a prisoner other than a prisoner subject to

 


disciplinary time,  the minimum term fixed by the sentencing judge

 

at the time of sentence unless the sentencing judge or a successor

 

gives written approval for parole at an earlier date authorized by

 

law.

 

     (b) For a prisoner subject to disciplinary time, the minimum

 

term fixed by the sentencing judge.

 

     (5) This section and sections 10 and 11 of this chapter are

 

not in derogation of other provisions of law that permit or direct

 

the imposition of a consecutive sentence for a subsequent felony.

 

     (6) As used in this section, "prisoner subject to disciplinary

 

time" means that term as defined in section 34 of 1893 PA 118, MCL

 

800.34.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5129(request no.

 

03404'05) of the 93rd Legislature is enacted into law.