SENATE BILL NO. 311

May 02, 2023, Introduced by Senators JOHNSON, LINDSEY, HOITENGA, THEIS, DAMOOSE, NESBITT, BUMSTEAD, OUTMAN and VICTORY and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 12 of chapter IX and sections 11b and 16m of chapter XVII (MCL 769.12, 777.11b, and 777.16m), section 12 of chapter IX as amended by 2012 PA 319, section 11b of chapter XVII as amended by 2016 PA 234, and section 16m of chapter XVII as amended by 2018 PA 637.

the people of the state of michigan enact:


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CHAPTER IX

Sec. 12. (1) If a person has been convicted of any combination


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of 3 or more felonies or attempts to commit felonies, whether the convictions occurred in this state or would have been for felonies or attempts to commit felonies in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall must be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:

(a) If the subsequent felony is a serious crime or a conspiracy to commit a serious crime, and 1 or more of the prior felony convictions are listed prior felonies, the court shall sentence the person to imprisonment for not less than 25 years. Not more than 1 conviction arising out of the same transaction shall be is considered a prior felony conviction for the purposes of this subsection only.

(b) If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term of 5 years or more or for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for life or for a lesser term.

(c) If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term that is less than 5 years, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for a maximum term of not more than 15 years.

(d) If the subsequent felony is a major controlled substance offense, the person shall must be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.

(2) If the court imposes a sentence of imprisonment for any term of years under this section, the court shall fix the length of


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both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year, and the sentence so imposed shall be is considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.

(3) A conviction shall must not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section.

(4) An offender sentenced under this section or section 10 or 11 of this chapter for an offense other than a major controlled substance offense is not eligible for parole until expiration of the following:

(a) For a prisoner other than a prisoner subject to disciplinary time, the minimum term fixed by the sentencing judge at the time of sentence unless the sentencing judge or a successor gives written approval for parole at an earlier date authorized by law.

(b) For a prisoner subject to disciplinary time, the minimum term fixed by the sentencing judge.

(5) This section and sections 10 and 11 of this chapter are not in derogation of other provisions of law that permit or direct the imposition of a consecutive sentence for a subsequent felony.

(6) As used in this section:

(a) "Listed prior felony" means a violation or attempted violation of any of the following:

(i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle code, 1949 PA 300, MCL 257.602a and 257.625.

(ii) Article 7 of the public health code, 1978 PA 368, MCL


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333.7101 to 333.7545, that is punishable by imprisonment for more than 4 years.

(iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2) or (3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a, 234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i, 479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83, 750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a, 750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a, 750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a, 750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530.

(iv) A second or subsequent violation or attempted violation of section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b.

(v) Section 2a of 1968 PA 302, MCL 752.542a.

(b) "Prisoner subject to disciplinary time" means that term as defined in section 34 of 1893 PA 118, MCL 800.34.

(c) "Serious crime" means an offense against a person in violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b, 750.520c, 750.520d, 750.520g, 750.529, and 750.529a.

CHAPTER XVII

Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws:

M.C.L.

Category

Class

Description

Stat Max


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28.214(6)(b)

Pub trst

F

Unauthorized disclosure of information from LEIN subsequent offense

4

28.293(1)

Pub ord

E

False information when applying for state ID

5

28.293(2)

Pub ord

D

False information when applying for state ID second offense

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28.293(3)

Pub ord

C

False information when applying for state ID third or subsequent offense

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28.295(1)(a)

Pub ord

D

Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for 10 years or more

10


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28.295(1)(b)

Pub ord

E

Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for less than 10 years or a misdemeanor punishable by more than 6 months

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28.295(2)

Pub ord

E

Selling counterfeited or forged state ID card or possessing counterfeited or forged state ID card with intent to deliver to another person or possessing 2 or more counterfeited or forged state ID cards

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28.295(5)

Property

H

Using stolen state ID card to commit felony

Variable

28.295a(1)

Pub ord

H

False representation to obtain or misuse personal information

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28.295a(2)

Pub ord

G

False representation to obtain or misuse personal information second offense

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28.295a(3)

Pub ord

C

False representation to obtain or misuse personal information third or subsequent offense

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28.308

Pub saf

E

False certification or statement in application for enhanced driver license or enhanced official state personal identification card

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28.422(14) 28.422(13)

Pub saf

F

Forgery on pistol license application

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28.422a(5)

Pub saf

F

False statement on pistol sales record

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28.425b(3)

Pub saf

F

False statement on concealed pistol permit application

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28.425j(3)

Pub saf

F

Unlawful granting or presenting of pistol training certificate

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28.425o(6)(c)

Pub saf

F

Carrying concealed pistol or electro-muscular disruption device in prohibited place third or subsequent offense

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28.435(14)(c)

Pub saf

G

Firearm sale without trigger lock, gun case, or storage container third or subsequent offense

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28.454(1)

Pub saf

G

Consumer fireworks certificate violation

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28.468(1)(c)

Pub saf

E

Michigan fireworks safety act violation causing serious impairment

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28.468(1)(d)

Pub saf

C

Michigan fireworks safety act violation causing death

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28.516(2)

Pub saf

F

False statement on concealed firearm certificate application

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28.674

Pub saf

F

False report of a public threat

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28.729(1)(a)

Pub ord

F

Failure to register as a sex offender, first offense

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28.729(1)(b)

Pub ord

D

Failure to register as a sex offender, second offense

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28.729(1)(c)

Pub ord

D

Failure to register as a sex offender, third or subsequent offense

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28.729(2)

Pub ord

F

Failure to update sex offender registration information

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28.734(2)(b)

Pub trst

G

Student safety zone violation involving work or loitering subsequent offense

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28.735(2)(b)

Pub trst

G

Student safety zone violation involving residency subsequent offense

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28.754(1)

Pub ord

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False report of a child abduction

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

M.C.L.

Category

Class

Description

Stat Max

750.223(2)

Pub saf

F

Sale of firearm to minor subsequent offense

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750.223(3)

Pub ord

D

Sale of firearm to person prohibited from possessing

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750.224

Pub saf

E

Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc.

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750.224a(4)

Pub saf

F

Possession or sale of electrical current weapons

4

750.224a(6)

Pub saf

G

Improper use of electro-muscular disruption device

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750.224b

Pub saf

E

Possession of short barreled shotgun or rifle

5

750.224c

Pub saf

F

Armor piercing ammunition

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750.224d(2)

Person

G

Using self-defense spray device

2

750.224e

Pub saf

F

Manufacture/sale/possession of devices to convert semiautomatic weapons

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750.224f(5)

Pub saf

E

Possession or sale of firearm by felon

5

750.224f(6)

Pub saf

E

Possession or sale of ammunition by felon

5

750.226

Pub saf

E

Carrying firearm or dangerous weapon with unlawful intent

5

750.227

Pub saf

E

Carrying a concealed weapon

5

750.227a

Pub saf

F

Unlawful possession of pistol

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750.227c

Pub saf

G

Possessing a loaded firearm in or upon a vehicle

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750.227f

Pub saf

F

Wearing body armor during commission of certain crimes

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750.227g(1)

Pub saf

F

Felon purchasing, owning, possessing, or using body armor

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750.230

Pub saf

G

Altering ID mark on firearm

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750.232a(3)

Pub saf

G

False statement in a pistol application

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750.234a(1)(a)

Pub saf

D

Discharging firearm from vehicle

10

750.234a(1)(b)

Person

C

Discharging firearm from vehicle causing physical injury

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750.234a(1)(c)

Person

B

Discharging firearm from vehicle causing serious impairment

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750.234a(1)(d)

Person

A

Discharging firearm from vehicle causing death

Life

750.234b(1)

Pub saf

D

Discharging firearm at a dwelling or potentially occupied structure

10


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750.234b(2)

Pub saf

D

Discharging firearm in a dwelling or potentially occupied structure

10

750.234b(3)

Pub saf

C

Discharging firearm in or at a dwelling or potentially occupied structure causing physical injury

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750.234b(4)

Person

B

Discharging firearm in or at a dwelling or potentially occupied structure causing serious impairment

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750.234b(5)

Person

A

Discharging firearm in or at a dwelling or potentially occupied structure causing death

Life

750.234c

Pub saf

F

Discharging firearm at emergency/police vehicle

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750.235b(2)

Pub saf

D

Threatening to commit violent act against school students or employees on school property with an overt act toward completion or with specific intent

10

750.236

Person

C

Setting spring gun death resulting

15

750.237(3)

Person

E

Using firearm while under the influence or impaired causing serious impairment

5

750.237(4)

Person

C

Using firearm while under the influence or impaired causing death

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Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 308 of the 102nd Legislature is enacted into law.