Act No. 54

Public Acts of 2005

Approved by the Governor

June 27, 2005

Filed with the Secretary of State

June 27, 2005

EFFECTIVE DATE: September 1, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Reps. Booher, Emmons, Kathleen Law, Vander Veen, Stewart, Farrah, Leland, McDowell, Sak, Plakas, LaJoy, Taub, McConico, Anderson, Phillips, Kolb, Kooiman, Newell, Gaffney, Hunter, Tobocman, Bieda, Wojno, Condino, Vagnozzi, Accavitti, Gleason, Nofs, Wenke, Ward, Nitz, Huizenga, Farhat, Moolenaar, Palsrok, Dillon, Ball, Caul, Cheeks, Clemente, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Kehrl, Lemmons, III, Lemmons, Jr., Marleau, Mayes, Moore, Pavlov, Polidori, Proos, Sheltrown and Spade

ENROLLED HOUSE BILL No. 4567

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 12m of chapter XVII (MCL 777.12m), as amended by 2002 PA 421.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 12m. This chapter applies to the following felonies enumerated in chapters 285 to 289 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

285.83 Pub trst H Grain dealers act violations 5

285.279(2)(c) Property E False pretenses under Michigan family farm
development act involving $1,000 to $20,000 or
with prior convictions 5

285.279(2)(d) Property D False pretenses under Michigan family farm
development act involving $20,000 or more or with
prior convictions 10

286.228(6) Pub ord E Insect pest and plant disease -- intentional violation
with intent to damage natural resources 5

286.260(4) Pub ord E Insect pest and plant disease -- intentional violation
with intent to damage natural resources 5

286.455(2) Pub saf G Agriculture -- hazardous substance 5

286.929(4) Pub trst G Organic products act violations 4

287.323(1) Person C Dangerous animal causing death 15

287.323(2) Person G Dangerous animal causing serious injury 4

287.679 Pub ord H Dead animals -- third or subsequent violation 1

287.744(1) Pub ord G Animal industry act violations 5

287.855 Pub saf G Agriculture -- contaminating livestock/false statement/
violation of quarantine 5

287.967(5) Pub ord G Cervidae producer violations 4

289.5107(2) Pub saf F Adulterated, misbranded, or falsely identified food 4

Enacting section 1. This amendatory act takes effect September 1, 2005.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) House Bill No. 4560.

(b) House Bill No. 4562.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor