Act No. 430

Public Acts of 2008

Approved by the Governor

January 5, 2009

Filed with the Secretary of State

January 8, 2009

EFFECTIVE DATE: April 1, 2009

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Senator Sanborn

ENROLLED SENATE BILL No. 1571

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 14h of chapter XVII (MCL 777.14h), as amended by 2008 PA 65.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 14h. This chapter applies to the following felonies enumerated in chapter 445 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

445.65 Pub ord E Identity theft 5

445.67 Pub ord E Obtain, possess, sell, or transfer personal identifying
information of another or falsify a police report with
intent to commit identity theft 5

445.408(2) Pub ord E Buying or selling stolen scrap metal 5

445.408(3) Pub ord E Buying or selling stolen scrap metal -- second or
subsequent offense 5

445.433(2) Pub ord E Knowingly buying or selling stolen nonferrous metal
articles 5

445.487(2) Pub ord H Precious metal and gem dealer failure to record material
matter -- subsequent offense 2

445.488(2) Pub ord H Precious metal and gem dealer violations -- subsequent
offense 2

445.489 Pub ord H Precious metal and gem dealer violations 2

445.490 Pub ord H Precious metal and gem dealer failure to obtain a
certificate of registration 2

445.779 Pub ord H Antitrust violation 2

445.1505 Pub trst G Franchise investment law -- fraudulent filing/offers 7

445.1508 Pub trst G Franchise investment law -- sale without proper
disclosure 7

445.1513 Pub trst G Franchise investment law -- illegal offers/sales 7

445.1520 Pub trst G Franchise investment law -- keeping records 7

445.1521 Pub trst G Franchise investment law -- false representation 7

445.1523 Pub trst G Franchise investment law -- false statements of
material fact 7

445.1525 Pub trst G Franchise investment law -- false advertising 7

445.1528 Pub trst D Pyramid/chain promotions -- offer or sell 7

445.1671 Pub trst E Mortgage brokers, lenders -- knowingly giving a false
statement 15

445.2507(2) Pub ord F Violation of unsolicited commercial e-mail protection act
in furtherance of crime 4

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) Senate Bill No. 720.

(b) Senate Bill No. 1114.

(c) House Bill No. 5694.

(d) House Bill No. 6181.

Enacting section 2. This amendatory act takes effect April 1, 2009.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor