Act No. 169

Public Acts of 2012

Approved by the Governor

June 19, 2012

Filed with the Secretary of State

June 19, 2012

EFFECTIVE DATE: June 19, 2012

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Senators Rocca, Bieda, Emmons, Colbeck, Young, Nofs, Schuitmaker, Jones, Hansen, Hildenbrand, Proos, Kahn and Marleau

ENROLLED SENATE BILL No. 455

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 sections 16i and 16o of chapter XVII (MCL 777.16i and 777.16o), section 16i as amended by 2012 PA 6 and section 16o as amended by 2010 PA 130.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.158 Pub ord E Sodomy 15

750.159j Pub saf B Racketeering 20

750.160 Pub ord D Disinterring or mutilating dead human body 10

750.160a Pub ord H Photographing dead human body 2

750.160c Pub ord D Improper disposal of dead human body after more than 180 days 10

750.161 Pub ord G Desertion, abandonment, or nonsupport 3

750.164 Pub ord F Desertion to escape prosecution 4

750.165 Pub ord F Failing to pay support 4

750.168(2)(a) Pub ord G Disorderly conduct at a funeral, memorial service, viewing, procession, or burial 2

750.168(2)(b) Pub ord F Disorderly conduct at a funeral, memorial service, viewing, procession, or burial — subsequent offense 4

750.174(4) Property E Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to $1,000 from nonprofit corporation or charitable organization 5

750.174(5) Property D Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to $20,000 from nonprofit corporation or charitable organization 10

750.174(6) Property C Embezzlement by agent of $50,000 to $100,000 15

750.174(7) Property B Embezzlement by agent of $100,000 or more 20

750.174a(4) Property E Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions 5

750.174a(5) Property D Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions 10

750.174a(6) Property C Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions 15

750.174a(7) Property B Embezzlement from vulnerable adult of $100,000 or more or with prior convictions 20

750.175 Pub trst D Embezzlement by public officer of more than $50 10

750.176 Pub trst E Embezzlement by administrator, executor, or guardian 10

750.177(2) Property D Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions 10

750.177(3) Property E Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions 5

750.178(2) Property D Embezzling mortgaged or leased property of $20,000 or with prior convictions 10

750.178(3) Property E Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions 5

750.180 Property D Embezzlement by financial institution 20

750.181(4) Property E Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions 5

750.181(5) Property D Embezzling jointly held property with value of $20,000 or more or with prior convictions 10

750.182 Property G Embezzlement by warehouses 4

750.182a Pub trst H Falsifying school records 2

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

M.C.L. Category Class Description Stat Max

750.271 Property E Fraudulently issuing or selling domestic securities 10

750.272 Property G Sale of fraudulent stock of foreign corporations 10

750.273 Property E Obtaining signature with intent to defraud 10

750.274 Property E Purchasing or collecting on fraudulent financial document 10

750.276 Property G Obtaining signature or promise of vendee of grain to sell at fictitious price 4

750.277 Pub trst G Sale or transfer of note of vendee of grain to sell at a fictitious price  4

750.278 Property G Issuing or delivering fraudulent warehouse receipt 5

750.279 Property G Fraudulent disposal of entrusted property  4

750.280 Property E Gross fraud or cheat at common law 10

750.282 Pub ord G Fraudulently damaging or using property of utility in amount over $500 4

750.282a Property E Illegally selling or transferring product or service of electric service provider or natural gas provider to another person 5

750.300 Pub ord G Killing or injuring animal to defraud insurance company 2

750.300a(1)(a) Property G Food stamp fraud of $250 or less - second offense 5

Property G Food stamp fraud of $250 or less - third or subsequent offense 10

750.300a(1)(b) Property E Food stamp fraud of more than $250 to $1,000 5

Property E Food stamp fraud of more than $250 to $1,000 - subsequent offense 10

750.300a(1)(c) Property E Food stamp fraud of more than $1,000 10

750.303 Pub ord H Gaming 2

750.313 Pub ord H Gambling in stocks, bonds, or commodities 2

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 459 of the 96th 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