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:
1 CHAPTER VI
2 Sec. 9. (1) Upon the motion of any party, the examining
3 magistrate may close to members of the general public the
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1 preliminary examination of a person charged with criminal sexual
2 conduct in any degree, assault with intent to commit criminal
3 sexual conduct, sodomy, bestiality, sexual contact or sexual
4 penetration upon a human corpse, gross indecency, or any other
5 offense involving sexual misconduct if all of the following
6 conditions are met:
7 (a) The magistrate determines that the need for protection of
8 a victim, a witness, or the defendant outweighs the public's right
9 of access to the examination.
10 (b) The denial of access to the examination is narrowly
11 tailored to accommodate the interest being protected.
12 (c) The magistrate states on the record the specific reasons
13 for his or her the magistrate's decision to close the examination
14 to members of the general public.
15 (2) In determining To determine whether closure of the
16 preliminary examination is necessary to protect a victim or
17 witness, the magistrate shall must consider all of the following:
18 (a) The psychological condition of the victim or witness.
19 (b) The nature of the offense charged against the defendant.
20 (c) The desire of the victim or witness to have the
21 examination closed to the public.
22 (3) The magistrate may close a preliminary examination to
23 protect the right of a party to a fair trial only if both of the
24 following apply:
25 (a) There is a substantial probability that the party's right
26 to a fair trial will be prejudiced by publicity that closure would
27 prevent.
28 (b) Reasonable alternatives to closure cannot adequately
29 protect the party's right to a fair trial.
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1 CHAPTER XVII
2 Sec. 16i. This chapter applies to the following felonies
3 enumerated in chapter 750 of the Michigan Compiled Laws:
4 M.C.L. Category Class Description Stat Max
5 750.158 Pub ord E SodomyBestiality or 15
6 sexual contact or
7 sexual penetration
8 upon a human corpse
9 750.159j Pub saf B Racketeering 20
10 750.160 Pub ord D Disinterring or 10
11 mutilating dead human
12 body
13 750.160a Pub ord H Photographing dead 2
14 human body
15 750.160c Pub ord D Improper disposal of 10
16 dead human body after
17 more than 180 days
18 750.161 Pub ord G Desertion, 3
19 abandonment, or
20 nonsupport
21 750.164 Pub ord F Desertion to escape 4
22 prosecution
23 750.165 Pub ord F Failing to pay support 4
24 750.168(2)(a) Pub ord G Disorderly conduct at 2
25 a funeral, memorial
26 service, viewing,
27 procession, or burial
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1 750.168(2)(b) Pub ord F Disorderly conduct at 4
2 a funeral, memorial
3 service, viewing,
4 procession, or burial
5 — subsequent offense
6 750.174(4) Property E Embezzlement by agent 5
7 of $1,000 to $20,000,
8 or with prior
9 convictions, or of
10 $200 to $1,000 from
11 nonprofit corporation
12 or charitable
13 organization
14 750.174(5) Property D Embezzlement by agent 10
15 of $20,000 to $50,000,
16 or with prior
17 convictions, or of
18 $1,000 to $20,000 from
19 nonprofit corporation
20 or charitable
21 organization
22 750.174(6) Property C Embezzlement by agent 15
23 of $50,000 to $100,000
24 750.174(7) Property B Embezzlement by agent 20
25 of $100,000 or more
26 750.174a(4) Property E Embezzlement from 5
27 vulnerable adult of
28 $1,000 to $20,000 or
29 with prior convictions
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1 750.174a(5) Property D Embezzlement from 10
2 vulnerable adult of
3 $20,000 to $50,000 or
4 with prior convictions
5 750.174a(6) Property C Embezzlement from 15
6 vulnerable adult of
7 $50,000 to $100,000 or
8 with prior convictions
9 750.174a(7) Property B Embezzlement from 20
10 vulnerable adult of
11 $100,000 or more or
12 with prior convictions
13 750.175 Pub trst D Embezzlement by public 10
14 officer of more than
15 $50
16 750.176 Pub trst E Embezzlement by 10
17 administrator,
18 executor, or guardian
19 750.177(2) Property D Embezzlement by 10
20 chattel mortgagor of
21 $20,000 or more or
22 with prior convictions
23 750.177(3) Property E Embezzlement by 5
24 chattel mortgagor of
25 $1,000 to $20,000 or
26 with prior convictions
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1 750.178(2) Property D Embezzling mortgaged 10
2 or leased property of
3 $20,000 or with prior
4 convictions
5 750.178(3) Property E Embezzling mortgaged 5
6 or leased property of
7 $1,000 to $20,000 or
8 with prior convictions
9 750.180 Property D Embezzlement by 20
10 financial institution
11 750.181(4) Property E Embezzling jointly 5
12 held property with
13 value of $1,000 to
14 $20,000 or with prior
15 convictions
16 750.181(5) Property D Embezzling jointly 10
17 held property with
18 value of $20,000 or
19 more or with prior
20 convictions
21 750.182 Property G Embezzlement by 4
22 warehouses
23 750.182a Pub trst H Falsifying school 2
24 records
25 Enacting section 1. This amendatory act takes effect 90 days
26 after the date it is enacted into law.
27 Enacting section 2. This amendatory act does not take effect
28 unless Senate Bill No.____ or House Bill No. 5410 (request no.
29 04459'23) of the 102nd Legislature is enacted into law.
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Statutes affected:
House Introduced Bill: 766.9, 777.16