November 19, 2008, Introduced by Rep. Alma Smith and referred to the Committee on Judiciary.
A bill to repeal 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 8, 9, 10, 11, and 12 of chapter IX (MCL 769.8,
769.9, 769.10, 769.11, and 769.12), section 8 as amended by 1998 PA
317 and sections 10, 11, and 12 as amended by 2006 PA 655; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 8. (1) When a person is convicted for the first time for
committing a felony and the punishment prescribed by law for that
offense may be imprisonment in a state prison, the court imposing
sentence
shall not fix a definite term of imprisonment. ,
but shall
fix
a minimum term, except as otherwise provided in this chapter.
The
maximum penalty provided by law shall be the maximum sentence
in
all cases except as provided in this chapter and shall be stated
by
the judge in imposing the sentence.
(2) Before or at the time of imposing sentence, the judge
shall ascertain by examining the defendant under oath, or
otherwise, and by other evidence as can be obtained tending to
indicate briefly the causes of the defendant's criminal character
or conduct, which facts and other facts that appear to be pertinent
in the case the judge shall cause to be entered upon the minutes of
the court.
Sec.
9. (1) The provisions of this chapter relative to
indeterminate
sentences shall not apply to a person convicted for
the
commission of an offense for which the only punishment
prescribed
by law is imprisonment for life.
(1) (2)
In all cases where the maximum
sentence in the
discretion of the court may be imprisonment for life or any number
or term of years, the court may impose a sentence for life or may
impose a sentence for any term of years. If the sentence imposed by
the
court is for any term of years, the court shall fix both the
minimum
and the maximum of that sentence in
terms of years or
fraction
thereof. , and sentences so imposed shall be considered
indeterminate
sentences. The court shall not
impose a sentence in
which the maximum penalty is life imprisonment with a minimum for a
term of years included in the same sentence.
(2) (3)
In cases involving a major
controlled substance
offense for which the court is directed by law to impose a sentence
which
that cannot be less than a specified term of years nor
more
than a specified term of years, the court in imposing the sentence
shall fix the length of both the minimum and maximum sentence
within those specified limits, in terms of years or fraction
thereof. ,
and the sentence so imposed shall be considered an
indeterminate
sentence.
Sec. 10. (1) If a person has been convicted of a felony or an
attempt to commit a felony, whether the conviction occurred in this
state or would have been for a felony or attempt to commit a felony
in this state if obtained in this state, and that person commits a
subsequent felony within this state, the person shall be punished
upon conviction of the subsequent felony and sentencing under
section 13 of this chapter as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a term less than life, the court,
except as otherwise provided in this section or section 1 of
chapter XI, may place the person on probation or sentence the
person to imprisonment for a maximum term that is not more than 1-
1/2 times the longest term prescribed for a first conviction of
that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for life, the court, except as otherwise
provided in this section or section 1 of chapter XI, may place the
person on probation or sentence the person to imprisonment for life
or for a lesser term.
(c) If the subsequent felony is a major controlled substance
offense, the person shall be punished as provided by part 74 of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence
of imprisonment for any term of years, the court shall fix the
length
of both the minimum and maximum that
sentence within any
specified
limits in terms of years or a
fraction of a year. and the
sentence
so imposed shall be considered an indeterminate sentence.
The court shall not fix a maximum sentence that is less than the
maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
Sec. 11. (1) If a person has been convicted of any combination
of 2 or more felonies or attempts to commit felonies, whether the
convictions occurred in this state or would have been for felonies
or attempts to commit felonies in this state if obtained in this
state, and that person commits a subsequent felony within this
state, the person shall be punished upon conviction of the
subsequent felony and sentencing under section 13 of this chapter
as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a term less than life, the court,
except as otherwise provided in this section or section 1 of
chapter XI, may sentence the person to imprisonment for a maximum
term that is not more than twice the longest term prescribed by law
for a first conviction of that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for life, the court, except as otherwise
provided in this section or section 1 of chapter XI, may sentence
the person to imprisonment for life or for a lesser term.
(c) If the subsequent felony is a major controlled substance
offense, the person shall be punished as provided by part 74 of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence
of imprisonment for any term of years, the court shall fix the
length
of both the minimum and maximum that
sentence within any
specified
limits in terms of years or a
fraction of a year. , and
the
sentence so imposed shall be considered an indeterminate
sentence.
The court shall not fix a maximum
sentence that is less
than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
Sec. 12. (1) If a person has been convicted of any combination
of 3 or more felonies or attempts to commit felonies, whether the
convictions occurred in this state or would have been for felonies
or attempts to commit felonies in this state if obtained in this
state, and that person commits a subsequent felony within this
state, the person shall be punished upon conviction of the
subsequent felony and sentencing under section 13 of this chapter
as follows:
(a) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term of 5 years or more or
for life, the court, except as otherwise provided in this section
or section 1 of chapter XI, may sentence the person to imprisonment
for life or for a lesser term.
(b) If the subsequent felony is punishable upon a first
conviction by imprisonment for a maximum term that is less than 5
years, the court, except as otherwise provided in this section or
section 1 of chapter XI, may sentence the person to imprisonment
for a maximum term of not more than 15 years.
(c) If the subsequent felony is a major controlled substance
offense, the person shall be punished as provided by part 74 of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence
of imprisonment for any term of years, the court shall fix the
length
of both the minimum and maximum that
sentence within any
specified
limits in terms of years or a
fraction of a year. , and
the
sentence so imposed shall be considered an indeterminate
sentence.
The court shall not fix a maximum
sentence that is less
than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under
this section if that conviction is used to enhance a sentence under
a statute that prohibits use of the conviction for further
enhancement under this section.
(4)
An offender sentenced under this section or section 10 or
11
of this chapter for an offense other than a major controlled
substance
offense is not eligible for parole until expiration of
the
following:
(a)
For a prisoner other than a prisoner subject to
disciplinary
time, the minimum term fixed by the sentencing judge
at
the time of sentence unless the sentencing judge or a successor
gives
written approval for parole at an earlier date authorized by
law.
(b)
For a prisoner subject to disciplinary time, the minimum
term
fixed by the sentencing judge.
(4) (5)
This section and sections 10 and 11
of this chapter
are not in derogation of other provisions of law that permit or
direct the imposition of a consecutive sentence for a subsequent
felony.
(5) (6)
As used in this section,
"prisoner subject to
disciplinary time" means that term as defined in section 34 of 1893
PA 118, MCL 800.34.
Enacting section 1. Sections 1 to 69 of chapter XVII of the
code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, are
repealed.
Enacting section 2. This amendatory act takes effect January
1, 2010.
Enacting section 3. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6676(request no.
07944'08) of the 94th Legislature is enacted into law.