Act No. 278

Public Acts of 2023

Approved by the Governor

December 7, 2023

Filed with the Secretary of State

December 8, 2023

EFFECTIVE DATE:  February 13, 2024

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Puri, Arbit, Grant, MacDonell, Tsernoglou, Morgan, Wegela, Paiz, Churches, Glanville, McFall, Andrews, Rheingans, Mentzer, Farhat, Coffia, Martus, Breen, McKinney, Wilson, Skaggs, Steckloff, Rogers, Tyrone Carter, Byrnes, Price, Weiss, Brenda Carter, Miller, Hope, Hood, Hill, Brabec, Scott, Conlin, Dievendorf, Young, ONeal, Neeley, Morse, Brixie, Fitzgerald, Edwards, Shannon, Aiyash and Whitsett

ENROLLED HOUSE BILL No. 4477

AN ACT to amend 1927 PA 175, entitled An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act, by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

The People of the State of Michigan enact:

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

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 with prior conviction

20

750.136b(6)(a)

Person

G

Third degree child abuse first offense

2

750.136b(6)(b)

Person

E

Third degree child abuse with prior conviction

5

750.136b(8)(b)

Person

G

Fourth degree child abuse with prior conviction

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 child to commit an immoral act

4

750.145b

Person

D

Accosting children for immoral purposes with prior conviction

10

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

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

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

750.145h(3)

Person

G

Causing vulnerable adult to provide sexually explicit visual material second or subsequent offense

2

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

750.145p(5)

Person

E

Caregiver or licensee violation against vulnerable adult second or subsequent offense

5

750.147b

Person

G

Ethnic intimidation

2

750.147c(2)

Property

D

Institutional desecration involving $20,000 or more or with prior convictions

10

750.147c(3)

Property

E

Institutional desecration involving $1,000 to $20,000 or with prior convictions

5

(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 does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) House Bill No. 4320.

(b) House Bill No. 4476.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor