Act No. 538
Public Acts of 2008
Approved by the Governor
January 12, 2009
Filed with the Secretary of State
January 13, 2009
EFFECTIVE DATE: March 31, 2009
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Reps. Espinoza, Rick Jones, Brown, Nofs, Stahl, Sheltrown, Polidori, Scott, Stakoe, Hune, Mayes, Schuitmaker, Meadows, Condino, Bieda, Calley, Elsenheimer, LeBlanc, David Law, LaJoy, Pearce and Agema
ENROLLED HOUSE BILL No. 4612
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 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 24.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
28.214 Pub trst F Unauthorized disclosure of information from LEIN --
subsequent offense 4
28.293(1) Pub ord E False information when applying for state ID 5
28.293(2) Pub ord D False information when applying for state ID --
second offense 7
28.293(3) Pub ord C False information when applying for state ID -- third
or subsequent offense 15
28.295(1)(a) Pub ord D Counterfeiting or forging state ID card or using
counterfeited or forged state ID card to commit
felony punishable by imprisonment for 10 years or
more 10
28.295(1)(b) Pub ord E Counterfeiting or forging state ID card or using
counterfeited or forged state ID card to commit
felony punishable by imprisonment for less than
10 years or a misdemeanor punishable by more than
6 months 5
28.295(2) Pub ord E Selling counterfeited or forged state ID card or
possessing counterfeited or forged state ID card
with intent to deliver to another person or possessing
2 or more counterfeited or forged state ID cards 5
28.295(5) Property H Using stolen state ID card to commit felony Variable
28.295a(1) Pub ord H False representation to obtain or misuse personal
information 4
28.295a(2) Pub ord G False representation to obtain or misuse personal
information -- second offense 7
28.295a(3) Pub ord C False representation to obtain or misuse personal
information -- third or subsequent offense 15
28.308 Pub saf E False certification or statement in application for
enhanced driver license or enhanced official state
personal identification card 5
28.422 Pub saf F Pistols -- license application forgery 4
28.422a(4) Pub saf F False statement on pistol sales record 4
28.425b(3) Pub saf F False statement on concealed pistol permit
application 4
28.425j(2) Pub saf F Unlawful granting or presenting of pistol training
certificate 4
28.425o(5)(c) Pub saf F Carrying concealed pistol in prohibited place --
third or subsequent offense 4
28.435(14)(c) Pub saf G Firearm sale without trigger lock, gun case, or
storage container -- third or subsequent offense 2
28.516(2) Pub saf F False statement on concealed firearm certificate
application 4
28.729(1)(a) Pub ord F Failure to register as a sex offender, first offense 4
28.729(1)(b) Pub ord D Failure to register as a sex offender, second
offense 7
28.729(1)(c) Pub ord D Failure to register as a sex offender, third or
subsequent offense 10
28.729(2)(c) Pub ord F Failure to update sex offender registration
information -- third or subsequent offense 4
28.734(2)(b) Pub trst G Student safety zone violation involving work or
loitering -- second or subsequent offense 2
28.735(2)(b) Pub trst G Student safety zone violation involving residency --
second or subsequent violation 2
28.754 Pub ord F False report of a child abduction 4
Enacting section 1. This amendatory act takes effect January 1, 2009.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4611 of the 94th Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor