HOUSE BILL No. 4717
April 30, 1997, Introduced by Reps. Wojno, Schermesser, Goschka, McBryde, Ciaramitaro, Hanley, Prusi, Hale, Callahan, Mans and Schauer and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 411R. (1) NOTWITHSTANDING ANY OTHER PROVISION, AN 2 INDIVIDUAL WHO COMMITS A GANG-RELATED OFFENSE SHALL BE PUNISHED 3 AS FOLLOWS: 4 (A) IF THE VIOLATION OR ATTEMPTED VIOLATION IS OTHERWISE 5 PUNISHABLE BY IMPRISONMENT FOR A TERM LESS THAN LIFE, BY IMPRIS- 6 ONMENT FOR NOT MORE THAN TWICE THE TERM OF IMPRISONMENT OTHERWISE 7 AUTHORIZED FOR THE VIOLATION OR ATTEMPTED VIOLATION. 8 (B) IF THE VIOLATION OR ATTEMPTED VIOLATION IS OTHERWISE 9 PUNISHABLE BY IMPRISONMENT FOR LIFE OR ANY TERM OF YEARS, BY 10 IMPRISONMENT FOR LIFE OR ANY TERM OF YEARS. 01089'97 JOJ 2 1 (2) IN ADDITION TO THE PENALTY IN SUBSECTION (1), THE 2 INDIVIDUAL MAY BE PUNISHED BY A FINE OF NOT MORE THAN TWICE THE 3 FINE OTHERWISE AUTHORIZED FOR THE VIOLATION OR ATTEMPTED 4 VIOLATION. 5 (3) THE INDIVIDUAL SHALL NOT BE SUBJECT TO PROBATION, SUS- 6 PENSION OF SENTENCE, OR PAROLE DURING THE MINIMUM TERM OF 7 IMPRISONMENT. 8 (4) AS USED IN THIS SECTION, "GANG-RELATED OFFENSE" MEANS A 9 VIOLATION OR ATTEMPTED VIOLATION OF THIS ACT TO WHICH ALL OF THE 10 FOLLOWING APPLY: 11 (A) THE VIOLATION OR ATTEMPTED VIOLATION IS PUNISHABLE BY 12 IMPRISONMENT FOR MORE THAN 1 YEAR OR IS DESIGNATED AS A FELONY. 13 (B) THE INDIVIDUAL COMMITTED THE OFFENSE IN THE COURSE OF 14 HIS OR HER ASSOCIATION WITH A FORMAL OR INFORMAL GROUP OF INDI- 15 VIDUALS THAT IS ORGANIZED TO COMMIT CRIMES, ENCOURAGES ITS ASSO- 16 CIATES TO COMMIT CRIMES, OR CONCEALS THE COMMISSION OF CRIMES BY 17 ITS ASSOCIATES. 01089'97 Final page. JOJ