Act No. 81

Public Acts of 2005

Approved by the Governor

July 19, 2005

Filed with the Secretary of State

July 19, 2005

EFFECTIVE DATE:September1, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Senators Basham and Birkholz

ENROLLED SENATE BILL No. 507

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 13e of chapter XVII (MCL 777.13e), as amended by 2003 PA 269.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 13e. This chapter applies to the following felonies enumerated in chapter 324 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

324.40118(11) Pub ord G Wildlife conservation -- buying/selling protected
animals -- subsequent offense 4

324.41309(3)(b) Property G Possession of prohibited species 2

324.41309(4)(a) Property G Possession of restricted or nonnative species -- intent
to damage resources 2

324.41309(4)(b) Property F Possession of prohibited or genetically engineered
species -- intent to damage resources 4

324.41309(8) Property G Introduction of prohibited or genetically engineered
species -- knowing identity of organism 2

324.41309(9)(a) Property G Introduction of restricted or nonnative species --
knowing introduction is unlawful 2

324.41309(9)(b) Property F Introduction of prohibited or genetically engineered
species -- knowing introduction is unlawful 4

324.41309(10)(a) Property F Introduction of restricted or nonnative species -- intent
to damage resources 3

324.41309(10)(b) Property E Introduction of prohibited or genetically engineered
species -- intent to damage resources 5

324.48738(4) Property E Possession, importation, or planting of genetically
engineered fish 5

324.51120(2) Property H Removing forest products over $2,500 3

324.51512 Pub saf D Willfully setting forest fires 10

324.52908(1)(c) Property E Damage to plant involving $1,000 to $20,000 or with prior convictions 5

324.52908(1)(d) Property D Damage to plant involving $20,000 or more or with prior convictions 10

Enacting section 1. This amendatory act takes effect September 1, 2005.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 4716 of the 93rd 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