HB-4711, As Passed House, August 19, 2015
June 11, 2015, Introduced by Rep. Webber and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 5 of chapter IX (MCL 769.5); and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec.
5. (1) Whenever it is provided If a statute provides that
an
offender shall be punished offense
is punishable by imprisonment
and
a fine, such offender may at the discretion of the court ,
be
sentenced
to be punished by such may
impose imprisonment without
the
fine or by such the fine without the imprisonment. ;
and
whenever
it is provided
(2)
If a statute provides that an offense shall
be punished is
punishable
by fine or imprisonment, the court may
impose both such
the
fine and imprisonment in its
discretion. If the court shall
impose
both a fine, costs and imprisonment in any state prison or
reformatory
the offender shall be detained in said prison or
reformatory
until said fine and costs are paid, not exceeding
however,
the additional time expressed in said sentence for the
non-payment
of the same.
Enacting section 1. All of the following acts and parts of
acts are repealed:
(a) Section 2 of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.2.
(b) 1933 PA 217, MCL 752.131 to 752.132.
(c) Section 9 of 1846 RS 171, MCL 801.9
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.