Act No. 226

Public Acts of 2015

Approved by the Governor

December 17, 2015

Filed with the Secretary of State

December 17, 2015

EFFECTIVE DATE: March 16, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2015

Introduced by Senator Schuitmaker

ENROLLED SENATE BILL No. 402

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 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

324.3115(2) Pub saf H Water pollution 2

324.3115(4) Pub saf G Water pollution substantial endangerment 5

324.5531(4) Pub saf H Knowingly releasing air pollutants 2

324.5531(5) Pub saf G Knowingly releasing air pollutants causing death or serious bodily injury 6

324.5531(6) Pub saf C Knowingly releasing air pollutants intentionally causing death or serious bodily injury 15

324.8905(2) Pub saf H Littering infectious waste/pathological waste/ sharps 2

324.8905(3) Pub saf G Littering infectious waste/pathological waste/ sharps subsequent offense 5

324.11151(2) Pub saf H Hazardous waste subsequent offense 2

324.11151(3) Pub saf H Hazardous waste disregard for human life 2

324.11151(3) Pub saf G Hazardous waste extreme indifference for human life 5

324.11549(2) Pub saf G Solid waste importing from foreign country 2

324.11719(2) Pub saf G Septage false statement or entry in a license application or record 2

324.12116(2) Pub saf H Liquid industrial by-product false statement in an application or shipping document 2

324.20139(3) Pub saf H Hazardous substance knowing release or intentional false statement 2

324.20139(4) Pub saf E Hazardous substance substantial endangerment 5

324.21324(1) Pub saf G Underground storage tanks false or misleading information 5

324.21548(1) Pub trst H Underground storage tanks false or misleading request for payment 5

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 400.

(b) Senate Bill No. 401.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor

Compiler's note: Senate Bill No. 400, referred to in enacting section 2, was filed with the Secretary of State December 17, 2015, and became 2015 PA 224, Eff. Mar. 16, 2016.

Senate Bill No. 401, also referred to in enacting section 2, was filed with the Secretary of State December 17, 2015, and became 2015 PA 225, Eff. Mar. 16, 2016.