February 8, 2006, Introduced by Reps. McConico, Vagnozzi, Leland, Condino, Tobocman, Virgil Smith, Lipsey, Drolet, Adamini, Cushingberry and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 2 of chapter XI (MCL 771.2), as amended by 2002
PA 666.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 2. (1) Except as provided in section 2a of this chapter,
if the defendant is convicted for an offense that is not a felony,
the probation period shall not exceed 2 years. Except as provided
in section 2a of this chapter, if the defendant is convicted of a
felony, the probation period shall not exceed 5 years.
(2) The court shall by order, to be filed or entered in the
cause as the court may direct by general rule or in each case, fix
and determine the period and conditions of probation. The order is
part of the record in the cause. The court may amend the order in
form or substance at any time.
(3) A defendant who was placed on probation under section 1(4)
of
this chapter prior to the effective date of the act that
amended
this section as it existed
before March 1, 2003 for an
offense committed before March 1, 2003 is subject to the conditions
of probation specified in section 3 of this chapter, including
payment of a probation supervision fee as prescribed in section 3c
of this chapter, and to revocation for violation of these
conditions, but the probation period shall not be reduced other
than by a revocation that results in imprisonment or as otherwise
provided by law.
(4) If an individual is placed on probation for a listed
offense enumerated in section 2 of the sex offenders registration
act, 1994 PA 295, MCL 28.722, the individual's probation officer
shall register the individual or accept the individual's
registration as provided in that act.
(5) Subsection (1) does not apply to a juvenile placed on
probation and committed under section 1(3) or (4) of chapter IX to
an institution or agency described in the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5654(request no.
00727'05 *).
(b) Senate Bill No.____ or House Bill No. 5655(request no.
00727'05 a *).