HOUSE BILL No. 4711

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acts are repealed: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.