HOUSE BILL NO. 5474
February 06, 2020, Introduced by Reps. Calley
and Kahle and referred to the Committee on Families, Children, and Seniors.
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 2018 PA 374.
the people of the state of michigan enact:
1
2
3
4
CHAPTER XVII
Sec. 16g. (1) This chapter applies to the following
felonies enumerated in chapter 750 of the Michigan Compiled Laws:
|
M.C.L. |
Category |
Class |
Description |
Stat Max |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
|
750.135 |
Person |
D |
Exposing children with intent to injure or abandon |
10 |
|
750.135a(2)(c) |
Person |
D |
Leaving child unattended in vehicle resulting in serious physical harm |
10 |
|
750.135a(2)(d) |
Person |
B |
Leaving child unattended in vehicle resulting in death |
15 |
|
750.136 |
Person |
B |
Female genital mutilation violation |
15 |
|
750.136a |
Person |
B |
Transporting person for purpose of female genital mutilation |
15 |
|
750.136b(2) |
Person |
A |
First degree child abuse |
Life |
|
750.136b(4)(a) |
Person |
C |
Second degree child abuse — first offense |
10 |
|
750.136b(4)(b) |
Person |
B |
Second degree child abuse — second or subsequent offense |
20 |
|
750.136b(4)(c) |
Person |
C |
Second degree child abuse — vulnerable child |
15 |
|
750.136b(6) 750.136b(6)(a) |
Person |
G |
Third degree child abuse |
2 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
|
750.136b(6)(b) |
Person |
G |
Third degree child abuse — vulnerable child |
3 |
|
750.136b(8)(b) |
Person |
H |
Fourth degree child abuse — vulnerable child |
2 |
|
750.136c |
Person |
B |
Buying or selling an individual |
20 |
|
750.136d(1)(a) |
Person |
A |
First degree child abuse in presence of another child |
Life |
|
750.136d(1)(b) |
Person |
D |
Second degree child abuse in presence of another child – first offense |
10 |
|
750.136d(1)(c) |
Person |
B |
Second degree child abuse in presence of another child – second or subsequent offense |
20 |
|
750.136d(1)(d) |
Person |
G |
Third degree child abuse in presence of another child |
2 |
|
750.145a |
Person |
F |
Soliciting Accosting child to commit an for immoral act purposes |
4 |
|
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
|
750.145c(2)(a) |
Person |
B |
Producing child sexually abusive activity or material |
20 |
|
750.145c(2)(b) |
Person |
B |
Aggravated producing of child sexually abusive activity or material |
25 |
|
750.145c(3)(a) |
Person |
D |
Distributing, promoting, or financing the distribution of child sexually abusive activity or material |
7 |
|
750.145c(3)(b) |
Person |
C |
Aggravated distributing, promoting, or financing the distribution of child sexually abusive activity or material |
15 |
|
750.145c(4)(a) |
Person |
F |
Possessing child sexually abusive material |
4 |
|
750.145c(4)(b) |
Person |
B |
Aggravated possession of child sexually abusive material |
10 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
|
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 |
|
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 |
|
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 |
|
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 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
|
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 |
|
750.145n(1) |
Person |
C |
First degree vulnerable adult abuse |
15 |
|
750.145n(2) |
Person |
F |
Second degree vulnerable adult abuse |
4 |
|
750.145n(3) |
Person |
G |
Third degree vulnerable adult abuse |
2 |
|
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
750.145p(1) |
Person |
G |
Commingling funds of, obstructing investigation regarding, or filing false information regarding, vulnerable adult |
2 |
|
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
|
750.145p(5) |
Person |
E |
Caregiver or licensee violation against vulnerable adult — second or subsequent offense |
5 |
|
750.147b |
Person |
G |
Ethnic intimidation |
2 |
(2) For a violation of
section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine
the offense category, offense variable level, and prior record variable level
based on the underlying offense.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4783 of the 100th Legislature is enacted into law.