SENATE BILL No. 180

February 8, 2001, Introduced by Senator SCHUETTE and referred to the Committee on

Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 451 (MCL 750.451).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 451. (1) Any A person , male or female, who

2 shall be adjudged guilty of a violation of sections VIOLATES

3 SECTION 448, 449, 449a, or 450 shall be punished by imprisonment

4 in the county jail for not more than 90 days or by a fine of

5 not more than $100.00, or both. Any A person , male or

6 female, 17 years of age or older, who shall be adjudged guilty

7 a second time of a violation of sections VIOLATES SECTION 448,

8 449, 449a, or 450 , the offense being charged as a second

9 offense, shall be AND HAS A PRIOR CONVICTION IS guilty of a

10 misdemeanor , punishable by imprisonment in the county jail

11 for not more than 1 year or by a fine of not more than $500.00,

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1 or both. Any A person , male or female, adjudged guilty a

2 third or any subsequent time of a violation of sections WHO VIO-

3 LATES SECTION 448, 449, 449a, or 450 , the offense being charged

4 as a third or subsequent offense, shall be AND HAS 2 OR MORE

5 PRIOR CONVICTIONS IS guilty of a felony , punishable by impris-

6 onment in the state prison for not more than 2 years.

7 (2) A PRIOR CONVICTION SHALL BE ESTABLISHED AT SENTENCING BY

8 1 OR MORE OF THE FOLLOWING:

9 (A) AN ABSTRACT OF CONVICTION.

10 (B) AN ADMISSION BY THE DEFENDANT.

11 (3) AS USED IN THIS SECTION, "PRIOR CONVICTION" MEANS A VIO-

12 LATION OF SECTION 448, 449, 449A, OR 450 OR A LOCAL ORDINANCE

13 SUBSTANTIALLY CORRESPONDING TO SECTION 448, 449, 449A, OR 450.

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