September 9, 2008, Introduced by Senators WHITMER, CLARKE, SCOTT, CLARK-COLEMAN, GLEASON, SCHAUER, SWITALSKI, OLSHOVE, CHERRY and BARCIA and referred to the Committee on Judiciary.
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 2002 PA 630.
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 |
|
1 |
750.136b(2) |
Person |
B |
Child abuse first degree |
15 |
|
2 |
750.136b(4) |
Person |
F |
Child abuse second degree |
4 |
|
3 |
750.136b(5) |
Person |
G |
Child abuse third degree |
2 |
|
4 |
750.136c |
Person |
B |
Buying or selling an individual |
20 |
|
5 |
750.145a |
Person |
F |
Soliciting child to commit an immoral act |
4 |
|
6 |
750.145b |
Person |
D |
Accosting children for immoral purposes with prior conviction |
10 |
|
7 |
750.145c(2) |
Person |
B |
Child sexually abusive activity or materials active involvement |
20 |
|
8 |
750.145c(3) |
Person |
D |
Child sexually abusive activity or materials distributing, promoting, or financing |
7 |
|
9 |
750.145c(4) |
Person |
F |
Child
sexually abusive |
4 |
|
10 |
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 |
|
11 |
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 |
|
1 |
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 |
|
2 |
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 |
|
3 |
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 |
|
4 |
750.145n(1) |
Person |
C |
Vulnerable adult abuse first degree |
15 |
|
5 |
750.145n(2) |
Person |
F |
Vulnerable adult abuse second degree |
4 |
|
6 |
750.145n(3) |
Person |
G |
Vulnerable adult abuse third degree |
2 |
|
7 |
750.145o |
Person |
E |
Death of vulnerable adult caused by unlicensed caretaker |
5 |
|
8 |
750.145p(1) |
Person |
G |
Vulnerable adult commingling funds, obstructing investigation, or filing false information |
2 |
|
9 |
750.145p(2) |
Person |
G |
Retaliation or discrimination by caregiver against vulnerable adult |
2 |
|
1 |
750.145p(5) |
Person |
E |
Vulnerable adult caregiver violations subsequent offense |
5 |
|
2 |
750.147b |
Person |
|
|
|
3 (2) For a violation of section 145d of the Michigan penal
4 code, 1931 PA 328, MCL 750.145d, determine the offense category,
5 offense variable level, and prior record variable level based on
6 the underlying offense.
7 (3) For a violation of section 147b of the Michigan penal
8 code, 1931 PA 328, MCL 777.147b, determine the crime class,
9 offense variable level, and prior record variable level based on
10 the predicate crime.
11 Enacting section 1. This amendatory act does not take effect
12 unless Senate Bill No. 1455
13 of the 94th Legislature is enacted into law.