HB-4487, As Passed House, February 8, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4487

 

 

 

 

 

 

 

 

 

 

 

A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 16g of chapter XVII (MCL 777.16g), as amended

 

by 2017 PA 74.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

1 CHAPTER XVII

 

2 Sec. 16g. (1) This chapter applies to the following felonies

 

3 enumerated in chapter 750 of the Michigan Compiled Laws:

 

 

4

M.C.L.

Category

Class

Description

Stat Max

5

750.135

Person

D

Exposing children with intent to injure or abandon

10

6

750.135a(2)(c)

Person

D

Leaving child unattended in vehicle resulting in serious physical harm

10


1

750.135a(2)(d)

Person

B

Leaving child unattended in vehicle resulting in death

15

2

750.136

Person

B

Female genital mutilation violation

15

3

750.136a

Person

B

Transporting person for purpose of female genital mutilation

15

4

750.136b(2)

Person

A

First degree child abuse

Life

5

750.136b(4)(a)

Person

C

Second degree child abuse first offense

10

6

750.136b(4)(b)

Person

B

Second degree child abuse second or subsequent offense with prior conviction

20

7

750.136b(6) 750.136b(6)(a)

Person

G

Third degree child abuse first offense

2

8

750.136b(6)(b)

Person

E

Third degree child abuse with prior conviction

5

9

750.136b(8)(b)

Person

G

Fourth degree child abuse with prior conviction

2

10

750.136c

Person

B

Buying or selling an individual

20

11

750.136d(1)(a)

Person

A

First degree child abuse in presence of another child

Life

12

750.136d(1)(b)

Person

D

Second degree child abuse in presence of another child first offense

10


1

750.136d(1)(c)

Person

B

Second degree child abuse in presence of another child second or subsequent offense

20

2

750.136d(1)(d)

Person

G

Third degree child abuse in presence of another child

2

3

750.145a

Person

F

Soliciting child to commit an immoral act

4

4

750.145b

Person

D

Accosting children for immoral purposes with prior conviction

10

5

750.145c(2)

Person

B

Producing child sexually abusive activity or material

20

6

750.145c(3)

Person

D

Distributing, promoting, or financing the distribution of child sexually abusive activity or material

7

7

750.145c(4)

Person

F

Possessing child sexually abusive material

4

8

750.145d(2)(b)

Variable

G

Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years

2


1

750.145d(2)(c)

Variable

F

Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years

4

2

750.145d(2)(d)

Variable

D

Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years

10

3

750.145d(2)(e)

Variable

C

Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years

15

4

750.145d(2)(f)

Variable

B

Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life

20

5

750.145n(1)

Person

C

First degree vulnerable adult abuse

15

6

750.145n(2)

Person

F

Second degree vulnerable adult abuse

4

7

750.145n(3)

Person

G

Third degree vulnerable adult abuse

2


1

750.145o

Person

E

Death of vulnerable adult caused by unlicensed caretaker

5

2

750.145p(1)

Person

G

Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult

2

3

750.145p(2)

Person

G

Retaliation or discrimination by caregiver against vulnerable adult

2

4

750.145p(5)

Person

E

Caregiver or licensee violation against vulnerable adult second or subsequent offense

5

5

750.147b

Person

G

Ethnic intimidation

2

 

 

6 (2) For a violation of section 145d of the Michigan penal

 

7 code, 1931 PA 328, MCL 750.145d, determine the offense category,

 

8 offense variable level, and prior record variable level based on

 

9 the underlying offense.

 

10 Enacting section 1. This amendatory act takes effect 90 days

 

11 after the date it is enacted into law.

 

12 Enacting section 2. This amendatory act does not take effect

 

13 unless House Bill No. 4486 of the 99th Legislature is enacted into

 

14 law.