Act No. 164

Public Acts of 2006

Approved by the Governor

May 25, 2006

Filed with the Secretary of State

May 26, 2006

EFFECTIVE DATE: August 24, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Moore, Proos, Gosselin, Pavlov, Sak and Moolenaar

ENROLLED HOUSE BILL No. 5449

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 16q of chapter XVII (MCL 777.16q), as amended by 2005 PA 302.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.332 Property H Entering horse in race under false name 4

750.335a(2)(b) Person G Aggravated indecent exposure 2

750.335a(2)(c) Person A Indecent exposure by sexually delinquent person Life

750.338 Pub ord G Gross indecency between males 5

Pub ord A Gross indecency between males involving sexually
delinquent person Life

750.338a Pub ord G Gross indecency between females 5

Pub ord A Gross indecency between females involving sexually
delinquent person Life

750.338b Pub ord G Gross indecency between males and females 5

Pub ord A Gross indecency between males and females involving
sexually delinquent person Life

750.349 Person A Kidnapping Life

750.349a Person A Prisoner taking a hostage Life

750.349b Person C Unlawful imprisonment 15

750.350 Person A Kidnapping -- child enticement Life

750.350a Person H Kidnapping -- custodial interference 1

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5451 of the 93rd Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor