HOUSE BILL NO. 4711
June 08, 2023, Introduced by Reps. Posthumus, Rigas, Hoadley, Maddock, Carra, Smit, DeBoyer,
Aragona, Fox, Jaime Greene, BeGole, Cavitt, Bierlein, Beeler, Borton, DeSana, Friske,
Outman, Markkanen, Phil Green, Zorn, Prestin, Beson and Meerman and referred to the
Committee on Government Operations.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 12 of chapter IX and sections 11b and 16m of
chapter XVII (MCL 769.12, 777.11b, and 777.16m), section 12 of
chapter IX as amended by 2012 PA 319 and sections 11b and 16m of
chapter XVII as amended by 2023 PA 22.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER IX
2 Sec. 12. (1) If a person has been convicted of any combination
3 of 3 or more felonies or attempts to commit felonies, whether the
KHS 03210'23
 2
1 convictions occurred in this state or would have been for felonies
2 or attempts to commit felonies in this state if obtained in this
3 state, and that person commits a subsequent felony within this
4 state, the person shall must be punished upon conviction of the
5 subsequent felony and sentencing under section 13 of this chapter
6 as follows:
7 (a) If the subsequent felony is a serious crime or a
8 conspiracy to commit a serious crime, and 1 or more of the prior
9 felony convictions are listed prior felonies, the court shall
10 sentence the person to imprisonment for not less than 25 years. Not
11 more than 1 conviction arising out of the same transaction shall be
12 is considered a prior felony conviction for the purposes of this
13 subsection only.
14 (b) If the subsequent felony is punishable upon a first
15 conviction by imprisonment for a maximum term of 5 years or more or
16 for life, the court, except as otherwise provided in this section
17 or section 1 of chapter XI, may sentence the person to imprisonment
18 for life or for a lesser term.
19 (c) If the subsequent felony is punishable upon a first
20 conviction by imprisonment for a maximum term that is less than 5
21 years, the court, except as otherwise provided in this section or
22 section 1 of chapter XI, may sentence the person to imprisonment
23 for a maximum term of not more than 15 years.
24 (d) If the subsequent felony is a major controlled substance
25 offense, the person shall must be punished as provided by part 74
26 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
27 (2) If the court imposes a sentence of imprisonment for any
28 term of years under this section, the court shall fix the length of
29 both the minimum and maximum sentence within any specified limits
KHS 03210'23
 3
1 in terms of years or a fraction of a year, and the sentence so
2 imposed shall be is considered an indeterminate sentence. The court
3 shall not fix a maximum sentence that is less than the maximum term
4 for a first conviction.
5 (3) A conviction shall must not be used to enhance a sentence
6 under this section if that conviction is used to enhance a sentence
7 under a statute that prohibits use of the conviction for further
8 enhancement under this section.
9 (4) An offender sentenced under this section or section 10 or
10 11 of this chapter for an offense other than a major controlled
11 substance offense is not eligible for parole until expiration of
12 the following:
13 (a) For a prisoner other than a prisoner subject to
14 disciplinary time, the minimum term fixed by the sentencing judge
15 at the time of sentence unless the sentencing judge or a successor
16 gives written approval for parole at an earlier date authorized by
17 law.
18 (b) For a prisoner subject to disciplinary time, the minimum
19 term fixed by the sentencing judge.
20 (5) This section and sections 10 and 11 of this chapter are
21 not in derogation of other provisions of law that permit or direct
22 the imposition of a consecutive sentence for a subsequent felony.
23 (6) As used in this section:
24 (a) "Listed prior felony" means a violation or attempted
25 violation of any of the following:
26 (i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle
27 code, 1949 PA 300, MCL 257.602a and 257.625.
28 (ii) Article 7 of the public health code, 1978 PA 368, MCL
29 333.7101 to 333.7545, that is punishable by imprisonment for more
KHS 03210'23
 4
1 than 4 years.
2 (iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2) or
3 (3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a,
4 234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i,
5 479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the
6 Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83,
7 750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a,
8 750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a,
9 750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a,
10 750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c,
11 750.520d, 750.520g, 750.529, 750.529a, and 750.530.
12 (iv) A second or subsequent violation or attempted violation of
13 section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b.
14 (v) Section 2a of 1968 PA 302, MCL 752.542a.
15 (b) "Prisoner subject to disciplinary time" means that term as
16 defined in section 34 of 1893 PA 118, MCL 800.34.
17 (c) "Serious crime" means an offense against a person in
18 violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350,
19 397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal
20 code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89,
21 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
22 750.520c, 750.520d, 750.520g, 750.529, and 750.529a.
23 CHAPTER XVII
24 Sec. 11b. This chapter applies to the following felonies
25 enumerated in chapter 28 of the Michigan Compiled Laws:
26 M.C.L. Category Class Description Stat Max
KHS 03210'23
 5
1 28.214(6)(b) Pub trst F Unauthorized 4
2 disclosure of
3 information from LEIN
4 — subsequent offense
5 28.293(1) Pub ord E False information when 5
6 applying for state ID
7 28.293(2) Pub ord D False information when 7
8 applying for state ID
9 — second offense
10 28.293(3) Pub ord C False information when 15
11 applying for state ID
12 — third or subsequent
13 offense
14 28.295(1)(a) Pub ord D Counterfeiting or 10
15 forging state ID card
16 or using counterfeited
17 or forged state ID
18 card to commit felony
19 punishable by
20 imprisonment for 10
21 years or more
KHS 03210'23
 6
1 28.295(1)(b) Pub ord E Counterfeiting or 5
2 forging state ID card
3 or using counterfeited
4 or forged state ID
5 card to commit felony
6 punishable by
7 imprisonment for less
8 than 10 years or a
9 misdemeanor punishable
10 by more than 6 months
11 28.295(2) Pub ord E Selling counterfeited 5
12 or forged state ID
13 card or possessing
14 counterfeited or
15 forged state ID card
16 with intent to deliver
17 to another person or
18 possessing 2 or more
19 counterfeited or
20 forged state ID cards
21 28.295(5) Property H Using stolen state ID Variable
22 card to commit felony
23 28.295a(1) Pub ord H False representation 4
24 to obtain or misuse
25 personal information
26 28.295a(2) Pub ord G False representation 7
27 to obtain or misuse
28 personal information —
29 second offense
KHS 03210'23
 7
1 28.295a(3) Pub ord C False representation 15
2 to obtain or misuse
3 personal information —
4 third or subsequent
5 offense
6 28.308 Pub saf E False certification or 5
7 statement in
8 application for
9 enhanced driver
10 license or enhanced
11 official state
12 personal
13 identification card
14 28.422(14) Pub saf F Forgery on firearm 4
15 28.422(13) license application
16 28.422a(5) Pub saf F False statement on 4
17 firearm sales record
18 28.425b(3) Pub saf F False statement on 4
19 concealed pistol
20 permit application
21 28.425j(3) Pub saf F Unlawful granting or 4
22 presenting of pistol
23 training certificate
24 28.425o(6)(c) Pub saf F Carrying concealed 4
25 pistol or electro-
26 muscular disruption
27 device in prohibited
28 place — third or
29 subsequent offense
KHS 03210'23
 8
1 28.429(4) Pub saf E Failure to store a 5
2 firearm resulting in
3 injury
4 28.429(5) Pub saf D Failure to store a 10
5 firearm resulting in
6 serious impairment of
7 body function
8 28.429(6) Pub saf C Failure to store a 15
9 firearm resulting in
10 death
11 28.435(14)(c) Pub saf G Firearm sale without 2
12 trigger lock, gun
13 case, or storage
14 container — third or
15 subsequent offense
16 28.468(1)(c) Pub saf E Michigan fireworks 5
17 safety act violation
18 causing serious
19 impairment
20 28.468(1)(d) Pub saf C Michigan fireworks 15
21 safety act violation
22 causing death
23 28.516(2) Pub saf F False statement on 4
24 concealed firearm
25 certificate
26 application
27 28.674 Pub saf F False report of a 4
28 public threat
KHS 03210'23
 9
1 28.729(1)(a) Pub ord F Failure to register as 4
2 a sex offender, first
3 offense
4 28.729(1)(b) Pub ord D Failure to register as 7
5 a sex offender, second
6 offense
7 28.729(1)(c) Pub ord D Failure to register as 10
8 a sex offender, third
9 or subsequent offense
10 28.729(2) Pub ord F Failure to update sex 2
11 offender registration
12 information
13 28.754(1) Pub ord F False report of a 4
14 child abduction
15 Sec. 16m. This chapter applies to the following felonies
16 enumerated in chapter 750 of the Michigan Compiled Laws:
17 M.C.L. Category Class Description Stat Max
18 750.223(2) Pub saf F Sale of firearm to minor — 4
19 subsequent offense
20 750.223(3) Pub ord D Sale of firearm to person 10
21 prohibited from possessing
22 750.224 Pub saf E Manufacture or sale of 5
23 silencer, bomb, blackjack,
24 automatic weapon, gas
25 spray, etc.
26 750.224a(4) Pub saf F Possession or sale of 4
27 electrical current weapons
28 750.224a(6) Pub saf G Improper use of electro- 2
29 muscular disruption device
KHS 03210'23
 10
1 750.224b Pub saf E Possession of short 5
2 barreled shotgun or rifle
3 750.224c Pub saf F Armor piercing ammunition 4
4 750.224d(2) Person G Using self-defense spray 2
5 device
6 750.224e Pub saf F Manufacture/sale/possession 4
7 of devices to convert
8 semiautomatic weapons
9 750.224f(5) Pub saf E Possession or sale of 5
10 firearm by felon
11 750.224f(6) Pub saf E Possession or sale of 5
12 ammunition by felon
13 750.226 Pub saf E Carrying firearm or 5
14 dangerous weapon with
15 unlawful intent
16 750.227 Pub saf E Carrying a concealed weapon 5
17 750.227a Pub saf F Unlawful possession of 4
18 pistol
19 750.227c Pub saf G Possessing a loaded firearm 2
20 in or upon a vehicle
21 750.227f Pub saf F Wearing body armor during 4
22 commission of certain
23 crimes
24 750.227g(1) Pub saf F Felon purchasing, owning, 4
25 possessing, or using body
26 armor
27 750.230 Pub saf G Altering ID mark on firearm 2
28 750.232a(3) Pub saf G False statement in a 4
29 firearm application
KHS 03210'23
 11
1 750.234a(1)(a) Pub saf D Discharging firearm from 10
2 vehicle
3 750.234a(1)(b) Person C Discharging firearm from 15
4 vehicle causing physical
5 injury
6 750.234a(1)(c) Person B Discharging firearm from 20
7 vehicle causing serious
8 impairment
9 750.234a(1)(d) Person A Discharging firearm from Life
10 vehicle causing death
11 750.234b(1) Pub saf D Discharging firearm at a 10
12 dwelling or potentially
13 occupied structure
14 750.234b(2) Pub saf D Discharging fire