Act No. 304

Public Acts of 2005

Approved by the Governor

December 20, 2005

Filed with the Secretary of State

December 21, 2005

EFFECTIVE DATE: April 15, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Senators Birkholz, Toy, Kuipers, Allen and George

ENROLLED SENATE BILL No. 685

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 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

The People of the State of Michigan enact:

CHAPTER XVII

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

M.C.L. Category Class Description Stat Max

750.520b Person A First degree criminal sexual conduct Life

750.520c Person C Second degree criminal sexual conduct 15

750.520d Person B Third degree criminal sexual conduct 15

750.520e Person G Fourth degree criminal sexual conduct 2

750.520g(1) Person D Assault with intent to commit sexual penetration 10

750.520g(2) Person E Assault with intent to commit sexual contact 5

750.528 Pub saf F Destroying dwelling house or other property 4

750.528a Pub saf F Civil disorders -- firearms/explosives 4

750.529 Person A Armed robbery Life

750.529a Person A Carjacking Life

750.530 Person C Unarmed robbery 15

750.531 Person C Bank robbery/safebreaking Life

750.532 Person H Seduction 5

750.552c Pub saf F Trespass upon key facility 4

Enacting section 1. This amendatory act takes effect April 15, 2006.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 686 of the 93rd 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