HB-4525, As Passed Senate, September 18, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4525
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 13m, 16c, 17d, and 17g of chapter XVII (MCL
777.13m, 777.16c, 777.17d, and 777.17g), section 13m as amended
by 2010 PA 355, section 16c as amended by 2012 PA 534, section
17d as amended by 2012 PA 456, and section 17g as amended by 2006
PA 541.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 13m. This chapter applies to the following felonies
3 enumerated in chapter 333 of the Michigan Compiled Laws:
|
4 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
1 |
333.7340 |
CS |
F |
Sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by mail, internet, or telephone |
4 |
|
2 |
333.7341(8) |
CS |
G |
Delivery or manufacture of imitation controlled substance |
2 |
|
3 |
333.7401(2)(a)(i) |
CS |
A |
Delivery or manufacture of 1,000 or more grams of certain schedule 1 or 2 controlled substances |
Life |
|
4 |
333.7401(2)(a)(ii) |
CS |
A |
Delivery or manufacture of 450 or more but less than 1,000 grams of certain schedule 1 or 2 controlled substances |
30 |
|
5 |
333.7401(2)(a)(iii) |
CS |
B |
Delivery or manufacture of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled substances |
20 |
|
6 |
333.7401(2)(a)(iv) |
CS |
D |
Delivery or manufacture of less than 50 grams of certain schedule 1 or 2 controlled substances |
20 |
|
7 |
333.7401(2)(b)(i) |
CS |
B |
Delivery or manufacture of methamphetamine or 3, 4-methylenedioxymethamphetamine |
20 |
|
1 |
333.7401(2)(b)(ii) |
CS |
E |
Delivery or manufacture of certain schedule 1, 2, or 3 controlled substances |
7 |
|
2 |
333.7401(2)(c) |
CS |
F |
Delivery or manufacture of schedule 4 controlled substance |
4 |
|
3 |
333.7401(2)(d)(i) |
CS |
C |
Delivery or manufacture of 45 or more kilograms of marijuana |
15 |
|
4 |
333.7401(2)(d)(ii) |
CS |
D |
Delivery or manufacture of 5 or more but less than 45 kilograms of marijuana |
7 |
|
5 |
333.7401(2)(d)(iii) |
CS |
F |
Delivery or manufacture of less than 5 kilograms or 20 plants of marijuana |
4 |
|
6 |
333.7401(2)(e) |
CS |
G |
Delivery or manufacture of schedule 5 controlled substance |
2 |
|
7 |
333.7401(2)(f) |
CS |
D |
Delivery or manufacture of a prescription form or counterfeit prescription form |
7 |
|
8 |
333.7401a |
Person |
B |
Delivering a controlled substance or GBL with intent to commit criminal sexual conduct |
20 |
|
9 |
333.7401b(3)(a) |
CS |
E |
Delivery or manufacture of GBL |
7 |
|
1 |
333.7401b(3)(b) |
CS |
G |
Possession of GBL |
2 |
|
2 |
333.7401c(2)(a) |
CS |
D |
Operating or maintaining controlled substance laboratory |
10 |
|
3 |
333.7401c(2)(b) |
CS |
B |
Operating or maintaining controlled substance laboratory in presence of minor |
20 |
|
4 |
333.7401c(2)(c) |
CS |
B |
Operating or maintaining controlled substance laboratory involving hazardous waste |
20 |
|
5 |
333.7401c(2)(d) |
CS |
B |
Operating or maintaining controlled substance laboratory near certain places |
20 |
|
6 |
333.7401c(2)(e) |
CS |
A |
Operating or maintaining controlled substance laboratory involving firearm or other harmful device |
25 |
|
7 |
333.7401c(2)(f) |
CS |
B |
Operating or maintaining controlled substance laboratory involving methamphetamine |
20 |
|
8 |
333.7402(2)(a) |
CS |
D |
Delivery or manufacture of certain counterfeit controlled substances |
10 |
|
9 |
333.7402(2)(b) |
CS |
E |
Delivery or manufacture of schedule 1, 2, or 3 counterfeit controlled substance |
5 |
|
1 |
333.7402(2)(c) |
CS |
F |
Delivery or manufacture of counterfeit schedule 4 controlled substance |
4 |
|
2 |
333.7402(2)(d) |
CS |
G |
Delivery or manufacture of counterfeit schedule 5 controlled substance |
2 |
|
3 |
333.7402(2)(e) |
CS |
C |
Delivery or manufacture of controlled substance analogue |
15 |
|
4 |
333.7403(2)(a)(i) |
CS |
A |
Possession of 1,000 or more grams of certain schedule 1 or 2 controlled substances |
Life |
|
5 |
333.7403(2)(a)(ii) |
CS |
A |
Possession of 450 or more but less than 1,000 grams of certain schedule 1 or 2 controlled substances |
30 |
|
6 |
333.7403(2)(a)(iii) |
CS |
B |
Possession of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled substances |
20 |
|
7 |
333.7403(2)(a)(iv) |
CS |
G |
Possession of 25 or more but less than 50 grams of certain schedule 1 or 2 controlled substances |
4 |
|
8 |
333.7403(2)(a)(v) |
CS |
G |
Possession of less than 25 grams of certain schedule 1 or 2 controlled substances |
4 |
|
1 |
333.7403(2)(b)(i) |
CS |
D |
Possession of methamphetamine or 3, 4-methylenedioxymethamphetamine |
10 |
|
2 |
333.7403(2)(b)(ii) |
CS |
G |
Possession of certain schedule 1, 2, 3, or 4 controlled substances or controlled substances analogue |
2 |
|
3 |
333.7403a |
CS |
F |
Fraudulently obtaining controlled substance or prescription for controlled substance |
4 |
|
4 |
333.7405(1)(a) |
CS |
G |
Controlled substance violations by licensee |
2 |
|
5 |
333.7405(1)(b) |
CS |
G |
Manufacturing or distribution violations by licensee |
2 |
|
6 |
333.7405(1)(c) |
CS |
G |
Refusing lawful inspection |
2 |
|
7 |
333.7405(1)(d) |
CS |
G |
Maintaining drug house |
2 |
|
8 |
333.7405(1)(e) |
CS |
G |
Unlawfully dispensing out-of-state prescription |
2 |
|
9 |
333.7407(1)(a) |
CS |
G |
Controlled substance violations by licensee |
4 |
|
10 |
333.7407(1)(b) |
CS |
G |
Use of fictitious, revoked, or suspended license number |
4 |
|
1 |
333.7407(1)(c) |
CS |
G |
Obtaining controlled substance by fraud |
4 |
|
2 |
333.7407(1)(d) |
CS |
G |
False reports under controlled substance article |
4 |
|
3 |
333.7407(1)(e) |
CS |
G |
Possession of counterfeiting implements |
4 |
|
4 |
333.7407(1)(f) |
CS |
F |
Disclosing or obtaining prescription information |
4 |
|
5 |
333.7407(1)(g) |
CS |
F |
Possession of counterfeit prescription form |
4 |
|
6 |
333.7407(2) |
CS |
G |
Refusing to furnish records under controlled substance article |
4 |
|
7 |
333.7410a |
CS |
G |
Controlled substance offense or offense involving GBL in or near a park |
2 |
|
8 |
333.7417 |
CS |
F |
Sell or offer to sell named product producing same or similar effect as scheduled ingredient |
4 |
9 Sec. 16c. This chapter applies to the following felonies
10 enumerated in chapter 750 of the Michigan Compiled Laws:
|
11 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
12 |
750.72 |
Person |
|
First degree arson |
Life |
|
1 |
750.73 |
|
|
Second degree arson |
20 |
|
2 |
750.74 |
|
|
Third degree arson |
10 |
|
3 |
750.75 |
Property |
|
|
|
|
4 |
750.76(3)(a) |
|
A |
Arson of insured dwelling |
Life |
|
5 |
750.76(3)(b) |
Property |
B |
Arson of insured building or structure |
20 |
|
6 |
750.76(3)(c) |
Property |
D |
Arson of insured personal property |
10 |
|
7 |
750.79(1)(c) |
Property |
E |
Placing incendiary or explosive with intent to commit arson of $1,000 or more but less than $20,000, or with prior conviction |
5 |
|
8 |
750.79(1)(d) |
Property |
D |
Placing incendiary or explosive with intent to commit arson of $20,000, or more, or with 2 or more prior convictions, or with intent to commit insurance fraud, or causing injury |
10 |
|
9 |
750.79(1)(e) |
Property |
C |
Placing incendiary or explosive with intent to commit arson of dwelling or to commit insurance fraud, or causing injury |
15 |
|
10 |
750.80 |
Property |
D |
Arson of mines |
Life |
1 Sec. 17d. This chapter applies to the following felonies
2 enumerated in chapter 752 of the Michigan Compiled Laws:
|
3 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
4 |
752.802 |
Property |
H |
Manufacture or sale of slugs for use in vending machines |
5 |
|
5 |
752.811 |
Property |
H |
Breaking and entering a coin operated device |
3 |
|
6 |
752.861 |
Person |
G |
Careless discharge of firearm causing injury or death |
2 |
|
7 |
752.881 |
Person |
G |
Reckless use of bow and arrow resulting in injury or death |
2 |
|
8 |
752.1003 |
Property |
F |
False claim, statement, or representation to obtain health care benefits |
4 |
|
9 |
752.1004 |
Property |
F |
Soliciting, paying, or receiving kickback or receiving referral fee for health care payment |
4 |
|
10 |
752.1005 |
Property |
H |
Conspiring to commit health care fraud |
10 |
|
11 |
752.1006 |
Property |
D |
Health care fraud — subsequent offense |
20 |
|
12 |
752.1054(2) |
Property |
G |
Copying audio or video recordings for gain |
5 |
|
13 |
752.1084 |
Property |
|
Organized retail crime act violation |
5 |
1 Sec. 17g. This chapter applies to the following felonies
2 enumerated in chapters 800 to 830 of the Michigan Compiled Laws:
|
3 |
M.C.L. |
Category |
Class |
Description |
Stat Max |
|
4 |
800.281(1) |
Pub saf |
H |
Furnishing prisoner with contraband |
5 |
|
5 |
800.281(2) |
Pub saf |
H |
Furnishing prisoner with contraband outside |
5 |
|
6 |
800.281(3) |
Pub saf |
H |
Bringing contraband into prisons |
5 |
|
7 |
800.281(4) |
Pub saf |
E |
Prisoner possessing contraband |
5 |
|
8 |
800.283(1) |
Pub saf |
E |
Furnishing weapon to prisoner in prison |
5 |
|
9 |
800.283(2) |
Pub saf |
E |
Prisons — knowledge of a weapon in a correctional facility |
5 |
|
10 |
800.283(3) |
Pub saf |
E |
Bringing weapon into prison |
5 |
|
11 |
800.283(4) |
Pub saf |
E |
Prisoner possessing weapon |
5 |
|
12 |
800.283a |
Pub saf |
E |
Furnishing cell phone to prisoner |
5 |
|
13 |
801.262(1)(a) |
Pub saf |
E |
Bringing weapon into jail |
5 |
|
14 |
801.262(1)(b) |
Pub saf |
E |
Furnishing weapon to prisoner in jail |
5 |
|
15 |
801.262(2) |
Pub saf |
E |
Prisoner in jail possessing weapon |
5 |
|
1 |
801.262a |
Pub saf |
E |
Furnishing cell phone or other wireless device to prisoner in jail |
5 |
|
2 |
801.263(1) |
Pub saf |
H |
Furnishing contraband to prisoner in jail |
5 |
|
3 |
801.263(2) |
Pub saf |
H |
Prisoner in jail possessing contraband |
5 |