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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2
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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