pa015401

Act No. 154

Public Acts of 2001

Approved by the Governor

November 5, 2001

Filed with the Secretary of State

November 5, 2001

EFFECTIVE DATE: January 1, 2002

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2001

Introduced by Senator Gast

ENROLLED SENATE BILL No. 409

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 11 of chapter XVII (MCL 777.11), as amended by 2000 PA 492.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 11. This chapter applies to the following felonies enumerated in chapters 1 to 199 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

4.421(1) Pub trst G Lobbyists--compensation contingent on outcome

of action 3

4.421(2) Pub trst G Lobbyists giving gifts 3

18.366(1)(c) Property E False presentation to crime victim services

commission to obtain $1,000 to $20,000 or

with prior convictions 5

18.366(1)(d) Property D False presentation to crime victim services commission

to obtain $20,000 or more or with prior convictions 10

18.1268(9) Pub trst H Purposefully submitting false business certification Fine

21.154 Pub trst E Public officer--embezzlement 5

28.214 Pub trst F Unauthorized disclosure of information from

LEIN--subsequent offense 4

28.293(1) Pub ord E False information when applying for state ID 5

28.293(2) Pub ord D False information when applying for state

ID--second offense 7

28.293(3) Pub ord C False information when applying for state

ID--third or subsequent offense 15

28.295(1)(a) Pub ord H Forging state ID card to commit felony 4

28.295(3) Property H Using stolen state ID card to commit felony Variable

28.295a(1) Pub ord H False representation to obtain or misuse

personal information 4

28.295a(2) Pub ord G False representation to obtain or misuse personal

information--second offense 7

28.295a(3) Pub ord C False representation to obtain or misuse personal

information--third or subsequent offense 15

28.422 Pub saf F Pistols--license application forgery 4

28.422a(4) Pub saf F False statement on pistol sales record 4

28.425b(3) Pub saf F False statement on concealed pistol permit application 4

28.425j(2) Pub saf F Unlawful granting or presenting of pistol training

certificate 4

28.425o(3)(c) Pub saf F Carrying concealed pistol in prohibited place--third

or subsequent offense 4

28.435 Pub saf G Firearm sale without trigger lock, gun case, or storage

container--third or subsequent offense 2

28.729(1)(a) Pub ord F Failure to register as a sex offender, first offense 4

28.729(1)(b) Pub ord D Failure to register as a sex offender, second offense 7

28.729(1)(c) Pub ord D Failure to register as a sex offender, third or

subsequent offense 10

35.929 Pub trst H Willful falsification in application for veterans benefits 3

35.980 Pub trst H False statement in application for Korean veterans

benefits 3

35.1029 Pub trst H False statement in application for Vietnam veterans

benefits 3

38.412a(1) Pub trst H County employee providing answers to county civil

service exam 1

38.516 Pub trst H Fire and police civil service--appointment or

employment contrary to act 2

45.82 Pub trst E County purchasing agent--violations in awarding

bids or contracts 5

47.8 Pub trst H Payment of claim against county before audit 2

47.56 Pub trst H Wayne County treasurer paying claims without

appropriate signature 2

51.364 Pub trst H Appointment or selection contrary to civil service

commission rules 2

110.28 Pub trst G Fourth class cities--misappropriation of money or

property 3

117.25(3) Pub trst E Amendment to city electors--willfully affixing

another's signature, false representation 15

125.1447(1)(c) Property E False pretenses under state housing development act

involving $1,000 to $20,000 or with prior convictions 5

125.1447(1)(d) Property D False pretenses under state housing development authority

act involving $20,000 or more or with prior

convictions 10

168.731(4) Pub trst G Election law--filing certain false statements 2

168.734 Pub trst G Election law--election board refusing to provide

challenger conveniences 2

168.756 Pub trst E Elector's false statement concerning inability to

mark ballot 5

168.757 Pub trst E Election inspector--unlawful conduct 5

168.759(8) Pub trst E Forged signature on absentee ballot 5

168.759b Pub trst E False statement in application for emergency

absentee ballot 5

168.761(5) Pub trst E Assisting an absentee voter in making a false

statement 5

168.769(4) Pub trst E Voting both in person and by absentee ballot 5

168.792a(11) Pub trst E Disclosing how ballot voted or election results early

before polls are closed 5

168.792a(16) Pub trst E Disclosing election result or how ballot voted 5

168.808 Pub trst E Untrue statement by member of board of inspectors 4

168.873 Pub trst E Misconduct of election employee in recount--county

and local 5

168.887 Pub trst E Misconduct of election employee in recount 5

168.932(a) Pub trst E Bribing or intimidating voters 5

168.932(b) Pub trst E Ballot tampering 5

168.932(c) Pub trst E Destroying or falsifying election return or records 5

168.932(d) Pub trst E Disclosing votes or obstructing voter 5

168.932(e) Pub trst E Absentee ballot tampering 5

168.932(f) Pub trst E Election law--possess absent voter ballot delivered

to another person 5

168.932(g) Pub trst E Suggesting how a disabled voter should vote 5

168.932(h) Pub trst E Suggesting or influencing how an absentee voter

should vote 5

168.932(i) Pub trst E Organizing a meeting where absentee voter ballots

are to be voted 5

168.932a Pub trst G Election offenses 4

168.933 Pub trst E False swearing to register or vote 5

168.936 Pub trst E Election law--perjury 5

168.937 Pub trst E Election law--forgery 5

169.254 Pub trst H Campaign finance--corporate contributions 3

169.255 Pub trst H Campaign finance--corporate solicitation for

certain funds 3

169.266 Pub trst H Campaign finance--qualified campaign expenditures 3

Enacting section 1. This amendatory act takes effect January 1, 2002.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 408 of the 91st Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.

M.C.L.	Category	Class	Description		Stat Max
4.421(1)	Pub trst	G	Lobbyists--compensation contingent on outcome
				of action	3
4.421(2)	Pub trst	G	Lobbyists giving gifts		3
18.366(1)(c)	Property	E	False presentation to crime victim services
				commission to obtain $1,000 to $20,000 or
				with prior convictions	5
18.366(1)(d)	Property	D	False presentation to crime victim services commission
				to obtain $20,000 or more or with prior convictions	10
18.1268(9)	Pub trst	H	Purposefully submitting false business certification		Fine
21.154	Pub trst	E	Public officer--embezzlement		5
28.214	Pub trst	F	Unauthorized disclosure of information from
				LEIN--subsequent offense	4
28.293(1)	Pub ord	E	False information when applying for state ID		5
28.293(2)	Pub ord	D	False information when applying for state
				ID--second offense	7
28.293(3)	Pub ord	C	False information when applying for state
				ID--third or subsequent offense	15
28.295(1)(a)	Pub ord	H	Forging state ID card to commit felony		4
28.295(3)	Property	H	Using stolen state ID card to commit felony		Variable
28.295a(1)	Pub ord	H	False representation to obtain or misuse
				personal information	4
28.295a(2)	Pub ord	G	False representation to obtain or misuse personal
				information--second offense	7
28.295a(3)	Pub ord	C	False representation to obtain or misuse personal
				information--third or subsequent offense	15
28.422	Pub saf	F	Pistols--license application forgery		4
28.422a(4)	Pub saf	F	False statement on pistol sales record		4
28.425b(3)	Pub saf	F	False statement on concealed pistol permit application		4
28.425j(2)	Pub saf	F	Unlawful granting or presenting of pistol training
				certificate	4
28.425o(3)(c)	Pub saf	F	Carrying concealed pistol in prohibited place--third
				or subsequent offense	4
28.435	Pub saf	G	Firearm sale without trigger lock, gun case, or storage
				container--third or subsequent offense	2
28.729(1)(a)	Pub ord	F	Failure to register as a sex offender, first offense		4
28.729(1)(b)	Pub ord	D	Failure to register as a sex offender, second offense		7
28.729(1)(c)	Pub ord	D	Failure to register as a sex offender, third or
				subsequent offense	10
35.929	Pub trst	H	Willful falsification in application for veterans benefits		3
35.980	Pub trst	H	False statement in application for Korean veterans
				benefits	3
35.1029	Pub trst	H	False statement in application for Vietnam veterans
				benefits	3
38.412a(1)	Pub trst	H	County employee providing answers to county civil
				service exam	1
38.516	Pub trst	H	Fire and police civil service--appointment or
				employment contrary to act	2
45.82	Pub trst	E	County purchasing agent--violations in awarding
				bids or contracts	5
47.8	Pub trst	H	Payment of claim against county before audit		2
47.56	Pub trst	H	Wayne County treasurer paying claims without
				appropriate signature	2
51.364	Pub trst	H	Appointment or selection contrary to civil service
				commission rules	2
110.28	Pub trst	G	Fourth class cities--misappropriation of money or
				property	3
117.25(3)	Pub trst	E	Amendment to city electors--willfully affixing
				another's signature, false representation	15
125.1447(1)(c)	Property	E	False pretenses under state housing development act
				involving $1,000 to $20,000 or with prior convictions	5
125.1447(1)(d)	Property	D	False pretenses under state housing development authority
				act involving $20,000 or more or with prior
				convictions	10
168.731(4)	Pub trst	G	Election law--filing certain false statements		2
168.734	Pub trst	G	Election law--election board refusing to provide
				challenger conveniences	2
168.756	Pub trst	E	Elector's false statement concerning inability to
				mark ballot	5
168.757	Pub trst	E	Election inspector--unlawful conduct		5
168.759(8)	Pub trst	E	Forged signature on absentee ballot		5
168.759b	Pub trst	E	False statement in application for emergency
				absentee ballot	5
168.761(5)	Pub trst	E	Assisting an absentee voter in making a false
				statement	5
168.769(4)	Pub trst	E	Voting both in person and by absentee ballot		5
168.792a(11)	Pub trst	E	Disclosing how ballot voted or election results early
				before polls are closed	5
168.792a(16)	Pub trst	E	Disclosing election result or how ballot voted		5
168.808	Pub trst	E	Untrue statement by member of board of inspectors		4
168.873	Pub trst	E	Misconduct of election employee in recount--county
				and local	5
168.887	Pub trst	E	Misconduct of election employee in recount		5
168.932(a)	Pub trst	E	Bribing or intimidating voters		5
168.932(b)	Pub trst	E	Ballot tampering		5
168.932(c)	Pub trst	E	Destroying or falsifying election return or records		5
168.932(d)	Pub trst	E	Disclosing votes or obstructing voter		5
168.932(e)	Pub trst	E	Absentee ballot tampering		5
168.932(f)	Pub trst	E	Election law--possess absent voter ballot delivered
				to another person	5
168.932(g)	Pub trst	E	Suggesting how a disabled voter should vote		5
168.932(h)	Pub trst	E	Suggesting or influencing how an absentee voter
				should vote	5
168.932(i)	Pub trst	E	Organizing a meeting where absentee voter ballots
				are to be voted	5
168.932a	Pub trst	G	Election offenses		4
168.933	Pub trst	E	False swearing to register or vote		5
168.936	Pub trst	E	Election law--perjury		5
168.937	Pub trst	E	Election law--forgery		5
169.254	Pub trst	H	Campaign finance--corporate contributions		3
169.255	Pub trst	H	Campaign finance--corporate solicitation for
				certain funds	3
169.266	Pub trst	H	Campaign finance--qualified campaign expenditures		3