HB-5157, As Passed House, February 4, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5157

 

November 14, 2013, Introduced by Reps. Banks, Heise, Graves, Kivela, Irwin, Zemke, Knezek, Nathan and Oakes and referred to the Committee on Criminal Justice.

 

      A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 37 of chapter XVII (MCL 777.37), as amended

 

by 2002 PA 137.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                           CHAPTER XVII

 

 2        Sec. 37. (1) Offense variable 7 is aggravated physical

 

 3  abuse. Score offense variable 7 by determining which of the

 

 4  following apply and by assigning the number of points

 

 5  attributable to the one 1 that has the highest number of points:

 

 

     (a) A victim was treated with sadism,

torture, or excessive brutality, or similarly

egregious conduct designed to substantially

increase the fear and anxiety a victim suffered


during the offense..................................  50 points

     (b) No victim was treated with sadism,

torture, or excessive brutality, or similarly

egregious conduct designed to substantially

increase the fear and anxiety a victim suffered

during the offense..................................   0 points

 

 

 7        (2) Count each person who was placed in danger of injury or

 

 8  loss of life as a victim.

 

 9        (3) As used in this section, "sadism" means conduct that

 

10  subjects a victim to extreme or prolonged pain or humiliation and

 

11  is inflicted to produce suffering or for the offender's

 

12  gratification.