This bill amends the Michigan Code of Criminal Procedure, specifically sections 10, 11, and 12 of Chapter IX, which pertain to the sentencing of individuals with prior felony convictions who commit subsequent felonies. The amendments introduce new language that clarifies the conditions under which prior convictions can enhance sentences for subsequent offenses. Notably, the bill stipulates that if a person has been convicted of a felony and commits a subsequent felony, they "must" be punished according to specific guidelines, which include potential probation or imprisonment terms that are a multiple of the maximum term for a first conviction. Additionally, it establishes that no more than one conviction arising from the same transaction can be considered a prior felony conviction for sentencing purposes.

The bill also introduces a provision that prevents convictions older than ten years from being used to enhance sentences for subsequent offenses. Furthermore, it specifies that a conviction cannot be used for sentence enhancement if it has already been used under another statute that prohibits such use. The language changes throughout the sections emphasize the mandatory nature of the sentencing guidelines, replacing terms like "shall" and "upon" with "must" and "on," respectively, to reinforce the legal obligations of the courts in these cases. Overall, the bill aims to create a more structured and clear framework for sentencing repeat offenders in Michigan.

Statutes affected:
Senate Introduced Bill: 769.10