HOUSE BILL NO. 5411

January 30, 2024, Introduced by Reps. Rheingans, Arbit, Dievendorf, Byrnes, Miller and MacDonell and referred to the Committee on Criminal Justice.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 9 of chapter VI and section 16i of chapter XVII (MCL 766.9 and 777.16i), section 9 of chapter VI as amended by 1988 PA 106 and section 16i of chapter XVII as amended by 2012 PA 169.

the people of the state of michigan enact:


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CHAPTER VI

Sec. 9. (1) Upon the motion of any party, the examining magistrate may close to members of the general public the


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preliminary examination of a person charged with criminal sexual conduct in any degree, assault with intent to commit criminal sexual conduct, sodomy, bestiality, sexual contact or sexual penetration upon a human corpse, gross indecency, or any other offense involving sexual misconduct if all of the following conditions are met:

(a) The magistrate determines that the need for protection of a victim, a witness, or the defendant outweighs the public's right of access to the examination.

(b) The denial of access to the examination is narrowly tailored to accommodate the interest being protected.

(c) The magistrate states on the record the specific reasons for his or her the magistrate's decision to close the examination to members of the general public.

(2) In determining To determine whether closure of the preliminary examination is necessary to protect a victim or witness, the magistrate shall must consider all of the following:

(a) The psychological condition of the victim or witness.

(b) The nature of the offense charged against the defendant.

(c) The desire of the victim or witness to have the examination closed to the public.

(3) The magistrate may close a preliminary examination to protect the right of a party to a fair trial only if both of the following apply:

(a) There is a substantial probability that the party's right to a fair trial will be prejudiced by publicity that closure would prevent.

(b) Reasonable alternatives to closure cannot adequately protect the party's right to a fair trial.


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CHAPTER XVII

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

M.C.L.

Category

Class

Description

Stat Max

750.158

Pub ord

E

SodomyBestiality or sexual contact or sexual penetration upon a human corpse

15

750.159j

Pub saf

B

Racketeering

20

750.160

Pub ord

D

Disinterring or mutilating dead human body

10

750.160a

Pub ord

H

Photographing dead human body

2

750.160c

Pub ord

D

Improper disposal of dead human body after more than 180 days

10

750.161

Pub ord

G

Desertion, abandonment, or nonsupport

3

750.164

Pub ord

F

Desertion to escape prosecution

4

750.165

Pub ord

F

Failing to pay support

4

750.168(2)(a)

Pub ord

G

Disorderly conduct at a funeral, memorial service, viewing, procession, or burial

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750.168(2)(b)

Pub ord

F

Disorderly conduct at a funeral, memorial service, viewing, procession, or burial subsequent offense

4

750.174(4)

Property

E

Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to $1,000 from nonprofit corporation or charitable organization

5

750.174(5)

Property

D

Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to $20,000 from nonprofit corporation or charitable organization

10

750.174(6)

Property

C

Embezzlement by agent of $50,000 to $100,000

15

750.174(7)

Property

B

Embezzlement by agent of $100,000 or more

20

750.174a(4)

Property

E

Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions

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750.174a(5)

Property

D

Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions

10

750.174a(6)

Property

C

Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions

15

750.174a(7)

Property

B

Embezzlement from vulnerable adult of $100,000 or more or with prior convictions

20

750.175

Pub trst

D

Embezzlement by public officer of more than $50

10

750.176

Pub trst

E

Embezzlement by administrator, executor, or guardian

10

750.177(2)

Property

D

Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions

10

750.177(3)

Property

E

Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions

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750.178(2)

Property

D

Embezzling mortgaged or leased property of $20,000 or with prior convictions

10

750.178(3)

Property

E

Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions

5

750.180

Property

D

Embezzlement by financial institution

20

750.181(4)

Property

E

Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions

5

750.181(5)

Property

D

Embezzling jointly held property with value of $20,000 or more or with prior convictions

10

750.182

Property

G

Embezzlement by warehouses

4

750.182a

Pub trst

H

Falsifying school records

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Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5410 (request no. 04459'23) of the 102nd Legislature is enacted into law.