SB-1109, As Passed House, September 12, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1109

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 12 of chapter IX (MCL 769.12), as amended by

2006 PA 655.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

Sec. 12. (1) If a person has been convicted of any combination

of 3 or more felonies or attempts to commit felonies, whether the

convictions occurred in this state or would have been for felonies

or attempts to commit felonies in this state if obtained in this

state, and that person commits a subsequent felony within this

state, the person shall be punished upon conviction of the

subsequent felony and sentencing under section 13 of this chapter

Senate Bill No. 1109 (H-2) as amended September 12, 2012

as follows:

(a) If the subsequent felony is a serious crime or a

conspiracy to commit a serious crime, and 1 or more of the prior

felony convictions are listed prior felonies, the court shall

sentence the person to imprisonment for not less than 25 years. [NOT

MORE THAN 1 CONVICTION ARISING OUT OF THE SAME TRANSACTION SHALL BE CONSIDERED A PRIOR FELONY CONVICTION FOR THE PURPOSES OF THIS

SUBSECTION ONLY.]

(b) ~~(a)~~ If the subsequent felony is punishable upon a first

conviction by imprisonment for a maximum term of 5 years or more or

for life, the court, except as otherwise provided in this section

or section 1 of chapter XI, may sentence the person to imprisonment

for life or for a lesser term.

conviction by imprisonment for a maximum term that is less than 5

years, the court, except as otherwise provided in this section or

section 1 of chapter XI, may sentence the person to imprisonment

for a maximum term of not more than 15 years.

(d) ~~(c)~~ If the subsequent felony is a major controlled

substance offense, the person shall be punished as provided by part

74 of the public health code, 1978 PA 368, MCL 333.7401 to

333.7461.

(2) If the court ~~pursuant to this section~~ imposes a sentence

of imprisonment for any term of years under this section, the court

shall fix the length of both the minimum and maximum sentence

within any specified limits in terms of years or a fraction of a

year, and the sentence so imposed shall be considered an

indeterminate sentence. The court shall not fix a maximum sentence

that is less than the maximum term for a first conviction.

(3) A conviction shall not be used to enhance a sentence under

this section if that conviction is used to enhance a sentence under

a statute that prohibits use of the conviction for further

enhancement under this section.

(4) An offender sentenced under this section or section 10 or

11 of this chapter for an offense other than a major controlled

substance offense is not eligible for parole until expiration of

the following:

(a) For a prisoner other than a prisoner subject to

disciplinary time, the minimum term fixed by the sentencing judge

at the time of sentence unless the sentencing judge or a successor

gives written approval for parole at an earlier date authorized by

law.

(b) For a prisoner subject to disciplinary time, the minimum

term fixed by the sentencing judge.

(5) This section and sections 10 and 11 of this chapter are

not in derogation of other provisions of law that permit or direct

the imposition of a consecutive sentence for a subsequent felony.

~~(6) As used in this section, "prisoner subject to disciplinary~~

~~time" means that term as defined in section 34 of 1893 PA 118, MCL~~

~~800.34.~~

(6) As used in this section:

(a) "Listed prior felony" means a violation or attempted

violation of any of the following:

(i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle

code, 1949 PA 300, MCL 257.602a and 257.625.

(ii) Article 7 of the public health code, 1978 PA 368, MCL

333.7101 to 333.7545, that is punishable by imprisonment for more

than 4 years.

(iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2) or

(3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a,

234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i,

479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the

Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83,

750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a,

750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a,

750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a,

750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c,

750.520d, 750.520g, 750.529, 750.529a, and 750.530.

(iv) A second or subsequent violation or attempted violation of

section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b.

(v) Section 2a of 1968 PA 302, MCL 752.542a.

(b) "Prisoner subject to disciplinary time" means that term as

defined in section 34 of 1893 PA 118, MCL 800.34.

violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350,

397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal

code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89,

750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,

750.520c, 750.520d, 750.520g, 750.529, and 750.529a.

Enacting section 1. This amendatory act takes effect October

1, 2012.