Act No. 157

Public Acts of 2004

Approved by the Governor

June 15, 2004

Filed with the Secretary of State

June 16, 2004

EFFECTIVE DATE: June 16, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Caul and Amos

ENROLLED HOUSE BILL No. 5693

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 16z of chapter XVII (MCL 777.16z), as amended by 2004 PA 2.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16z. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.535(2) Property D Receiving or concealing stolen property having a value
of $20,000 or more or with prior convictions 10

750.535(3) Property E Receiving or concealing stolen property having a value
of $1,000 to $20,000 or with prior convictions 5

750.535(7) Property E Receiving or concealing stolen motor vehicle 5

750.535a(2) Pub ord D Operating a chop shop 10

750.535a(3) Pub ord D Operating a chop shop, subsequent violation 10

750.535b Pub saf E Stolen firearms or ammunition 10

750.539c Pub ord H Eavesdropping 2

750.539d(3)(a)(i) Pub ord H Installing, placing, or using eavesdropping device 2

750.539d(3)(a)(ii) Pub ord E Installing, placing, or using eavesdropping device --
subsequent offense 5

750.539d(3)(b) Pub ord E Distributing, disseminating, or transmitting recording
or image obtained by eavesdropping 5

750.539e Pub ord H Divulging or using information obtained by
eavesdropping 2

750.539f Pub ord H Manufacture or possession of eavesdropping device 2

750.539j(2)(a)(i) Pub ord H Lewd surveillance or capturing lewd image 2

750.539j(2)(a)(ii) Pub ord E Lewd surveillance or capturing lewd image --
subsequent offense 5

750.539j(2)(b) Pub ord E Distributing, disseminating, or transmitting visual
image obtained by surveillance 5

750.540 Pub ord H Tapping or cutting telephone lines 2

750.540c(4) Property F Telecommunication violation 4

750.540f(2) Property E Knowingly publishing a communications access device
with prior convictions 5

750.540g(1)(c) Property E Diverting telecommunication services having a value
of $1,000 to $20,000 or with prior convictions 5

750.540g(1)(d) Property D Diverting telecommunications services having a value
of $20,000 or more or with prior convictions 10

750.543f Person A Terrorism without causing death Life

750.543h(3)(a) Pub ord B Hindering prosecution of terrorism -- certain
terrorist acts 20

750.543h(3)(b) Pub ord A Hindering prosecution of terrorism -- act of terrorism Life

750.543k Pub saf B Soliciting or providing material support for terrorism or
terrorist acts 20

750.543m Pub ord B Threat or false report of terrorism 20

750.543p Pub saf B Use of internet or telecommunications to commit
certain terrorist acts 20

750.543r Pub saf B Possession of vulnerable target information with
intent to commit certain terrorist acts 20

750.545 Pub ord E Misprision of treason 5

750.552b Property F Trespassing on correctional facility property 4

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:

(a) Senate Bill No. 918.

(b) House Bill No. 5692.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor