Act No. 547

Public Acts of 2016

Approved by the Governor

January 6, 2017

Filed with the Secretary of State

January 10, 2017

EFFECTIVE DATE: January 10, 2017

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Senators Young, Shirkey, Knezek and Ananich

ENROLLED SENATE BILL No. 141

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 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

333.10116(1) Pub ord E Purchasing or selling body part of deceased individual for transplantation or therapy 5

333.10117 Pub ord E Falsifying, concealing, or defacing document of anatomical gift for financial gain 5

333.10204(1) Pub ord F Transferring a human organ for valuable consideration 4

333.10204(4) Pub saf F Removal of a human organ by an unauthorized individual 4

333.10205 Pub saf F Removal of a human organ in an unapproved facility 4

333.13738(2) Pub saf F Waste disposal violations — subsequent offense 5

333.13738(3) Pub saf F Improper disposal of waste with indifference to human life 2

Pub saf B Improper disposal of waste with extreme indifference to human life 20

333.16170(3) Pub trst F False representation of completion of health professional recovery program 4

333.16294 Pub saf F Unauthorized practice of health profession 4

333.17748d(2) Person G Compounding pharmacy violation 2

333.17748d(3) Person F Compounding pharmacy violation resulting in personal injury 4

333.17748d(4) Person E Compounding pharmacy violation resulting in serious impairment of a body function 5

333.17748d(5) Person C Compounding pharmacy violation resulting in death 15

333.17764(3) Pub saf G Adulterating, misbranding, removing, or substituting a drug or device 2

333.17764(4) Pub saf F Adulterating, misbranding, removing, or substituting a drug or device resulting in personal injury 4

333.17764(5) Pub saf E Adulterating, misbranding, removing, or substituting a drug or device resulting in serious impairment of a body function 5

333.17764(6) Pub saf C Adulterating, misbranding, removing, or substituting a drug or device resulting in death 15

333.17766c(2)(b) CS G Possessing more than 12 grams ephedrine or pseudoephedrine 2

333.17766c(2)(c) CS E Purchasing or possessing ephedrine or pseudoephedrine knowing or having reason to know that it is to be used to manufacture methamphetamine 5

333.20142(5) Pub trst F False statement in application for licensure as health facility 4

333.20153 Pub saf D Reuse of single-use medical device 10

333.21792 Pub trst G Nursing home accepting referral fees, bribing officials, or accepting bribes 4

333.26424(l) Pub trst G Selling marihuana in violation of registry identification card restrictions 2

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4210 of the 98th 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