Act No. 124

Public Acts of 2013

Approved by the Governor

October 1, 2013

Filed with the Secretary of State

October 1, 2013

EFFECTIVE DATE: October 1, 2013

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Rep. Graves

ENROLLED HOUSE BILL No. 4525

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 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:

CHAPTER XVII

Sec. 13m. This chapter applies to the following felonies enumerated in chapter 333 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

333.7340 CS F Sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by mail, internet, or telephone 4

333.7341(8) CS G Delivery or manufacture of imitation controlled substance 2

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

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

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

333.7401(2)(a)(iv) CS D Delivery or manufacture of less than 50 grams of certain schedule 1 or 2 controlled substances 20

333.7401(2)(b)(i) CS B Delivery or manufacture of methamphetamine or 3, 4-methylenedioxymethamphetamine 20

333.7401(2)(b)(ii) CS E Delivery or manufacture of certain schedule 1, 2, or 3 controlled substances 7

333.7401(2)(c) CS F Delivery or manufacture of schedule 4 controlled substance 4

333.7401(2)(d)(i) CS C Delivery or manufacture of 45 or more kilograms of marijuana 15

333.7401(2)(d)(ii) CS D Delivery or manufacture of 5 or more but less than 45 kilograms of marijuana 7

333.7401(2)(d)(iii) CS F Delivery or manufacture of less than 5 kilograms or 20 plants of marijuana 4

333.7401(2)(e) CS G Delivery or manufacture of schedule 5 controlled substance 2

333.7401(2)(f) CS D Delivery or manufacture of a prescription form or counterfeit prescription form 7

333.7401a Person B Delivering a controlled substance or GBL with intent to commit criminal sexual conduct 20

333.7401b(3)(a) CS E Delivery or manufacture of GBL 7

333.7401b(3)(b) CS G Possession of GBL 2

333.7401c(2)(a) CS D Operating or maintaining controlled substance laboratory 10

333.7401c(2)(b) CS B Operating or maintaining controlled substance laboratory in presence of minor 20

333.7401c(2)(c) CS B Operating or maintaining controlled substance laboratory involving hazardous waste 20

333.7401c(2)(d) CS B Operating or maintaining controlled substance laboratory near certain places 20

333.7401c(2)(e) CS A Operating or maintaining controlled substance laboratory involving firearm or other harmful device 25

333.7401c(2)(f) CS B Operating or maintaining controlled substance laboratory involving methamphetamine 20

333.7402(2)(a) CS D Delivery or manufacture of certain counterfeit controlled substances 10

333.7402(2)(b) CS E Delivery or manufacture of schedule 1, 2, or 3 counterfeit controlled substance 5

333.7402(2)(c) CS F Delivery or manufacture of counterfeit schedule 4 controlled substance 4

333.7402(2)(d) CS G Delivery or manufacture of counterfeit schedule 5 controlled substance 2

333.7402(2)(e) CS C Delivery or manufacture of controlled substance analogue 15

333.7403(2)(a)(i) CS A Possession of 1,000 or more grams of certain schedule 1 or 2 controlled substances Life

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

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

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

333.7403(2)(a)(v) CS G Possession of less than 25 grams of certain schedule 1 or 2 controlled substances 4

333.7403(2)(b)(i) CS D Possession of methamphetamine or 3, 4-methylenedioxymethamphetamine 10

333.7403(2)(b)(ii) CS G Possession of certain schedule 1, 2, 3, or 4 controlled substances or controlled substances analogue 2

333.7403a CS F Fraudulently obtaining controlled substance or prescription for controlled substance 4

333.7405(1)(a) CS G Controlled substance violations by licensee 2

333.7405(1)(b) CS G Manufacturing or distribution violations by licensee 2

333.7405(1)(c) CS G Refusing lawful inspection 2

333.7405(1)(d) CS G Maintaining drug house 2

333.7405(1)(e) CS G Unlawfully dispensing out-of-state prescription 2

333.7407(1)(a) CS G Controlled substance violations by licensee 4

333.7407(1)(b) CS G Use of fictitious, revoked, or suspended license number 4

333.7407(1)(c) CS G Obtaining controlled substance by fraud 4

333.7407(1)(d) CS G False reports under controlled substance article 4

333.7407(1)(e) CS G Possession of counterfeiting implements 4

333.7407(1)(f) CS F Disclosing or obtaining prescription information 4

333.7407(1)(g) CS F Possession of counterfeit prescription form 4

333.7407(2) CS G Refusing to furnish records under controlled substance article 4

333.7410a CS G Controlled substance offense or offense involving GBL in or near a park 2

333.7417 CS F Sell or offer to sell named product producing same or similar effect as scheduled ingredient 4

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

M.C.L. Category Class Description Stat Max

750.72 Person A First degree arson Life

750.73 Person B Second degree arson 20

750.74 Property D Third degree arson 10

750.75 Property E Fourth degree arson 5

750.76(3)(a) Person A Arson of insured dwelling Life

750.76(3)(b) Property B Arson of insured building or structure 20

750.76(3)(c) Property D Arson of insured personal property 10

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

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

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

750.80 Property D Arson of mines Life

Sec. 17d. This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

752.802 Property H Manufacture or sale of slugs for use in vending machines 5

752.811 Property H Breaking and entering a coin operated device 3

752.861 Person G Careless discharge of firearm causing injury or death 2

752.881 Person G Reckless use of bow and arrow resulting in injury or death 2

752.1003 Property F False claim, statement, or representation to obtain health care benefits 4

752.1004 Property F Soliciting, paying, or receiving kickback or receiving referral fee for health care payment 4

752.1005 Property H Conspiring to commit health care fraud 10

752.1006 Property D Health care fraud — subsequent offense 20

752.1054(2) Property G Copying audio or video recordings for gain 5

752.1084 Property E Organized retail crime act violation 5

Sec. 17g. This chapter applies to the following felonies enumerated in chapters 800 to 830 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

800.281(1) Pub saf H Furnishing prisoner with contraband 5

800.281(2) Pub saf H Furnishing prisoner with contraband outside 5

800.281(3) Pub saf H Bringing contraband into prisons 5

800.281(4) Pub saf E Prisoner possessing contraband 5

800.283(1) Pub saf E Furnishing weapon to prisoner in prison 5

800.283(2) Pub saf E Prisons — knowledge of a weapon in a correctional facility 5

800.283(3) Pub saf E Bringing weapon into prison 5

800.283(4) Pub saf E Prisoner possessing weapon 5

800.283a Pub saf E Furnishing cell phone to prisoner 5

801.262(1)(a) Pub saf E Bringing weapon into jail 5

801.262(1)(b) Pub saf E Furnishing weapon to prisoner in jail 5

801.262(2) Pub saf E Prisoner in jail possessing weapon 5

801.262a Pub saf E Furnishing cell phone or other wireless device to prisoner in jail 5

801.263(1) Pub saf H Furnishing contraband to prisoner in jail 5

801.263(2) Pub saf H Prisoner in jail possessing contraband 5

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor