Bill Summary – FastDemocracy

HOUSE BILL NO. 4471
     April 25, 2023, Introduced by Reps. Paiz, Hoskins, Hood, Wegela, Brabec, Byrnes, Dievendorf,
       Rheingans, Edwards, Brenda Carter, Glanville, Tyrone Carter, Liberati, Andrews, Wilson,
       Neeley, MacDonell, Price, Hill, McKinney, Thompson, Brixie, Rogers, VanderWall, O'Neal
       and Aiyash and referred to the Committee on Criminal Justice.
          A bill to amend 1927 PA 175, entitled
    "The code of criminal procedure,"
    by amending sections 12 and 31 of chapter IX and section 17f of
    chapter XVII (MCL 769.12, 769.31, and 777.17f), section 12 of
    chapter IX as amended by 2012 PA 319, section 31 of chapter IX as
    amended by 2020 PA 395, and section 17f of chapter XVII as amended
    by 2012 PA 611.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
                                         CHAPTER IX
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        Sec. 12. (1) If a person has been convicted of any combination
  of 3 or more felonies or attempts to commit felonies, whether the
  convictions occurred in this state or would have been for felonies
  or attempts to commit felonies in this state if obtained in this
  state, and that person commits a subsequent felony within this
  state, the person shall must be punished upon conviction of the
  subsequent felony and sentencing sentenced under section 13 of this
  chapter as follows:
        (a) If the subsequent felony is a serious crime or a
 conspiracy to commit a serious crime, and 1 or more of the prior
 felony convictions are listed prior felonies, the court shall
 sentence the person to imprisonment for not less than 25 years. Not
 more than 1 conviction arising out of the same transaction shall be
 is considered a prior felony conviction for the purposes of this
 subsection only.
       (b) If the subsequent felony is punishable upon a first
 conviction by imprisonment for a maximum term of 5 years or more or
 for life, the court, except as otherwise provided in this section
 or section 1 of chapter XI, may sentence the person to imprisonment
 for life or for a lesser term.
       (c) If the subsequent felony is punishable upon a first
 conviction by imprisonment for a maximum term that is less than 5
 years, the court, except as otherwise provided in this section or
 section 1 of chapter XI, may sentence the person to imprisonment
 for a maximum term of not more than 15 years.
       (d) If the subsequent felony is a major controlled substance
 offense, the person shall must be punished as provided by part 74
 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
       (2) If the court imposes a sentence of imprisonment for any
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  term of years under this section, the court shall fix the length of
  both the minimum and maximum sentence within any specified limits
  in terms of years or a fraction of a year, and the sentence so
  imposed shall must be considered an indeterminate sentence. The
  court shall not fix a maximum sentence that is less than the
  maximum term for a first conviction.
         (3) A conviction shall must not be used to enhance a sentence
  under this section if that conviction is used to enhance a sentence
  under a statute that prohibits use of the conviction for further
 enhancement under this section.
        (4) An offender sentenced under this section or section 10 or
 11 of this chapter for an offense other than a major controlled
 substance offense is not eligible for parole until expiration of
 the following:
        (a) For a prisoner other than a prisoner subject to
 disciplinary time, the minimum term fixed by the sentencing judge
 at the time of sentence unless the sentencing judge or a successor
 gives written approval for parole at an earlier date authorized by
 law.
        (b) For a prisoner subject to disciplinary time, the minimum
 term fixed by the sentencing judge.
        (5) This section and sections 10 and 11 of this chapter are
 not in derogation of other provisions of law that permit or direct
 the imposition of a consecutive sentence for a subsequent felony.
        (6) As used in this section:
        (a) "Listed prior felony" means a violation or attempted
 violation of any of the following:
        (i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle
 code, 1949 PA 300, MCL 257.602a and 257.625.
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        (ii) Article 7 of the public health code, 1978 PA 368, MCL
  333.7101 to 333.7545, that is punishable by imprisonment for more
  than 4 years.
        (iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2) or
  (3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a,
  234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i,
  479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the
  Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83,
  750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a,
 750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a,
 750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a,
 750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c,
 750.520d, 750.520g, 750.529, 750.529a, and 750.530.
       (iv) A second or subsequent violation or attempted violation of
 section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b.
       (v) Section 2a of 1968 PA 302, MCL 752.542a.
       (b) "Prisoner subject to disciplinary time" means that term as
 defined in section 34 of 1893 PA 118, MCL 800.34.
       (b) (c) "Serious crime" means an offense against a person in
 violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350,
 397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal
 code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89,
 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
 750.520c, 750.520d, 750.520g, 750.529, and 750.529a.
       Sec. 31. As used in this section and section 34 of this
 chapter:
       (a) "Departure" means a sentence imposed that is not within
 the appropriate minimum sentence range established under the
 sentencing guidelines set forth in chapter XVII.
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        (b) "Intermediate sanction" means probation or any sanction,
  other than imprisonment in a county jail, state prison, or state
  reformatory, that may lawfully be imposed. Intermediate sanction
  includes, but is not limited to, 1 or more of the following:
        (i) Inpatient or outpatient drug treatment or participation in
  a drug treatment court under chapter 10A of the revised judicature
  act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082.600.1088.
        (ii) Probation with any probation conditions required or
  authorized by law.
       (iii) Residential probation.
       (iv) Probation with special alternative incarceration.
       (v) Mental health treatment.
       (vi) Mental health or substance abuse counseling.
       (vii) Participation in a community corrections program.
       (viii) Community service.
       (ix) Payment of a fine.
       (x) House arrest.
       (xi) Electronic monitoring.
       (c) "Offender characteristics" means only the prior criminal
 record of an offender.
       (d) "Offense characteristics" means the elements of the crime
 and the aggravating and mitigating factors relating to the offense
 that the legislature determines are appropriate. For purposes of
 this subdivision, an offense described in former section 33b of the
 corrections code of 1953, 1953 PA 232, MCL 791.233b, that resulted
 in a conviction and that arose out of the same transaction as the
 offense for which the sentencing guidelines are being scored shall
 be considered as is an aggravating factor.
       (e) "Prior criminal record" means all of the following:
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        (i) Misdemeanor and felony convictions.
        (ii) Probation and parole violations involving criminal
  activity.
        (iii) Dispositions entered under section 18 of chapter XIIA of
  the probate code of 1939, 1939 PA 288, MCL 712A.18, for acts that
  would have been crimes if committed by an adult.
        (iv) Assignment to youthful trainee status under sections 11 to
  15 of chapter II.
        (v) A conviction set aside under 1965 PA 213, MCL 780.621 to
 780.624.
       (vi) Dispositions described in subparagraph (iii) that have been
 set aside under section 18e of chapter XIIA of the probate code of
 1939, 1939 PA 288, MCL 712A.18e, or expunged.
                                CHAPTER XVII
       Sec. 17f. This chapter applies to the following felonies
 enumerated in chapters 760 to 799 of the Michigan Compiled Laws:
 M.C.L.              Category    Class Description               Stat Max
 764.1e              Pub trst      C   Peace officer — making       15
                                       false statement in a
                                       complaint
 767.4a              Pub trst      F   Disclosing or                 4
                                       possessing grand jury
                                       information
 767A.9(1)(a)        Pub trst      C   Perjury committed in         15
                                       prosecutor's
                                       investigative hearing
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  767A.9(1)(b)      Pub trst      B   Perjury committed in        Life
                                      prosecutor's
                                      investigative hearing
                                      regarding a crime
                                      punishable by
                                      imprisonment for life
                                      or by imprisonment for
                                      life or any term of
                                      years
 771.3f            Pub ord       G   Tampering with or             2
                                     removing electronic
                                     monitoring device
 791.236(17)       Pub ord       F   Failure to provide            4
 791.236(16)                         correct notice of
                                     proposed domicile by
                                     sex offender
       Enacting section 1. This amendatory act does not take effect
 unless Senate Bill No.____ or House Bill No. 4470 (request no.
 00841'23) of the 102nd Legislature is enacted into law.
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Statutes affected: 
House Introduced Bill: 769.12