Act No. 232

Public Acts of 2003

Approved by the Governor

December 22, 2003

Filed with the Secretary of State

December 22, 2003

EFFECTIVE DATE: April 1, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2003

Introduced by Senator Stamas

ENROLLED SENATE BILL No. 659

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 13g of chapter XVII (MCL 777.13g), as added by 2002 PA 30.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 13g. This chapter applies to the following felonies enumerated in chapter 324 of the Michigan Compiled Laws:

M.C.L.Category Class Description Stat Max

324.76107(3) Pub ord D Removing or mutilating human body
from Great Lakes bottomland 10

324.76107(4)(c) Property E Recovering abandoned property in
Great Lakes having value of $1,000
to $20,000 or with prior convictions 5

324.76107(4)(d) Property D Recovering abandoned property in
Great Lakes having value of $20,000
or more or with prior convictions 10

324.80130d(1) Pub ord H False representation to obtain personal
information 4

324.80130d(2) Pub ord G False representation to obtain personal
information -- second offense 7

324.80130d(3) Pub ord C False representation to obtain personal
information -- third or subsequent offense 15

324.80134a(2) Person E Failure to stop at scene of marine accident
causing serious impairment or death 5

324.80134a(3) Person C Failure to stop at scene of marine accident
causing death when at fault 15

324.80172 Person G Negligent crippling or homicide by vessel 2

324.80173 Person G Felonious operation of a vessel 2

324.80176(4) Person C Operating a vessel under the influence
causing death 15

324.80176(5) Person E Operating a vessel under the influence
causing serious impairment 5

324.80177(1)(c) Pub saf E Operating a vessel under the influence -- third
or subsequent offense 5

324.80319a(1) Pub ord H False representation to obtain personal information 4

324.80319a(2) Pub ord G False representation to obtain personal
information -- second offense 7

324.80319a(3) Pub ord C False representation to obtain personal
information -- third or subsequent offense 15

324.81120(1) Pub ord H False representation to obtain personal information 4

324.81120(2) Pub ord G False representation to obtain personal
information -- second offense 7

324.81120(3) Pub ord C False representation to obtain personal
information -- third or subsequent offense 15

324.81134(6) Pub saf E Operating an ORV under the influence -- third
or subsequent offense 5

324.81134(7) Person C Operating an ORV under the influence causing death 15

324.81134(8) Person E Operating an ORV under the influence
causing serious impairment 5

324.82126c(1) Person G Operating a snowmobile carelessly or negligently
causing death or serious impairment 2

324.82126c(2) Person G Operating a snowmobile without regard to safety
causing serious impairment 2

324.82127(4) Person C Operating a snowmobile under the influence
causing death 15

324.82127(5) Person E Operating a snowmobile under the influence
causing serious impairment 5

324.82128(1)(c) Pub saf E Operating a snowmobile under the influence -- third
or subsequent offense 5

324.82160(1) Pub ord H False representation to obtain personal information 4

324.82160(2) Pub ord G False representation to obtain personal
information -- second offense 7

324.82160(3) Pub ord C False representation to obtain personal
information -- third or subsequent offense 15

Enacting section 1. This amendatory act takes effect April 1, 2004.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 658 of the 92nd Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor