Act No. 178
Public Acts of 2000
Approved by the Governor
June 20, 2000
Filed with the Secretary of State
June 20, 2000
EFFECTIVE DATE: September 18, 2000
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. DeRossett, Howell, Jamnick and O'Neil
Reps. Allen, Basham, Birkholz, Bovin, Callahan, Cassis, DeVuyst, DeWeese, Hager, Ruth Johnson, Julian, Kelly, Kowall, Kuipers, Kukuk, Law, Lockwood, Mans, Neumann, Pappageorge, Patterson, Raczkowski, Richner, Rocca, Shulman, Stamas, Toy, Van Woerkom, Vander Roest, Vear and Wojno named co-sponsors
ENROLLED HOUSE BILL No. 5184
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 17 of chapter XVII (MCL 777.17), as amended by 1999 PA 67.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 17. (1) This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws:
| M.C.L. | Category | Class | Description | Stat Max |
| 752.191 | Pub saf | G | Felonious driving | 2 |
| 752.365(3) | Pub ord | G | Obscenity -- second offense | 2 |
| 752.541 | Pub saf | D | Riot | 10 |
| 752.542 | Pub saf | D | Incitement to riot | 10 |
| 752.542a | Pub saf | D | Riot in state correctional facilities | 10 |
| 752.543 | Pub saf | G | Unlawful assembly | 5 |
| 752.701 | Property | H | Destruction or removal of timber | 1 |
| 752.797(1)(c) | Property | E | Computer fraud -- 2 prior convictions or value between |
$1,000 and $20,000 5
752.797(1)(d) Property D Computer fraud -- 3 or more prior convictions or value
over $20,000 10
752.797(2)(a) Property E Unlawfully accessing computer, computer system,
or computer program 5
752.797(2)(b) Property D Unlawfully accessing computer, computer system,
or computer program, with prior conviction 10
752.797(3)(b) Variable G Using computer to commit crime punishable by a
maximum term of imprisonment of more than
1 year but less than 2 years 2
752.797(3)(c) Variable F Using computer to commit crime punishable by a
maximum term of imprisonment of at least
2 years but less than 4 years 4
752.797(3)(d) Variable D Using computer to commit crime punishable by a
maximum term of imprisonment of at least
4 years but less than 10 years 7
752.797(3)(e) Variable D Using computer to commit crime punishable by a
maximum term of imprisonment of at least
10 years but less than 20 years 10
752.797(3)(f) Variable B Using computer to commit crime punishable by a
maximum term of imprisonment of at least
20 years or for life 20
| 752.802 | Property | H | Vending machines -- manufacture/sale of slugs | 5 |
| 752.811 | Property | H | Breaking and entering a coin operated device | 3 |
| 752.861 | Person | G | Careless discharge of firearm causing injury or death | 2 |
| 752.881 | Person | G | Reckless use of bow and arrow resulting in injury or death | 2 |
| 752.1003 | Property | F | Health care fraud -- false claim/state, unnecessary, |
conceal information 4
| 752.1004 | Property | F | Health care fraud -- kickbacks/referral fees | 4 |
| 752.1005 | Property | H | Health care fraud -- conspiracy | 10 |
| 752.1006 | Property | D | Health care fraud -- second offense | 20 |
| 752.1027 | Person | F | Assisted suicide | 4 |
| 752.1054(2) | Property | G | Copying audio/video recordings for gain | 5 |
| 764.1e | Pub trst | C | Peace officer -- false statement in a complaint | 15 |
| 767.4a | Pub trst | F | Disclosing or possessing grand jury information | 4 |
| 800.281(1) | Pub saf | H | Furnishing prisoner with contraband | 5 |
| 800.281(2) | Pub saf | H | Furnishing prisoner with contraband outside | 5 |
| 800.281(3) | Pub saf | H | Bringing contraband into prisons | 5 |
| 800.281(4) | Pub saf | E | Prisoner possessing contraband | 5 |
| 800.283(1) | Pub saf | E | Furnishing weapon to prisoner in prison | 5 |
| 800.283(2) | Pub saf | E | Prisons -- knowledge of a weapon in a correctional facility | 5 |
| 800.283(3) | Pub saf | E | Bringing weapon into prison | 5 |
| 800.283(4) | Pub saf | E | Prisoner possessing weapon | 5 |
| 801.262(1)(a) | Pub saf | E | Bringing weapon into jail | 5 |
| 801.262(1)(b) | Pub saf | E | Furnishing weapon to prisoner in jail | 5 |
| 801.262(2) | Pub saf | E | Prisoner in jail possessing weapon | 5 |
| 801.263(1) | Pub saf | H | Furnishing contraband to prisoner in jail | 5 |
| 801.263(2) | Pub saf | H | Prisoner in jail possessing contraband | 5 |
(2) For a violation of section 797(3)(b), (c), (d), (e), or (f) of 1979 PA 53, MCL 752.797, determine the offense category, offense variable level, and prior record level based on the underlying offense.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:
(a) Senate Bill No. 893.
(b) Senate Bill No. 894.
(c) House Bill No. 5185.
(d) House Bill No. 5186.
(e) House Bill No. 5187.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.