HOUSE BILL No.

5077

HOUSE BILL No. 5077

October 13, 2011, Introduced by Rep. Scott and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2008 PA 521. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 2 CHAPTER XVII Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

HOUSE BILL No. 5077

4 5

M.C.L. 750.135

Category Person

Class D

Description Exposing children with intent to injure or abandon Leaving child unattended in vehicle resulting in serious physical harm

Stat Max

10

750.135a(2)(c)

Person

10

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2 1 750.135a(2)(d) Person B Leaving child unattended in vehicle resulting in death Child FIRST DEGREE CHILD abuse first degree FIRST OFFENSE FIRST DEGREE CHILD ABUSE SECOND OR SUBSEQUENT OFFENSE Child SECOND DEGREE CHILD abuse second degree FIRST OFFENSE SECOND DEGREE CHILD ABUSE SECOND OR SUBSEQUENT OFFENSE Child THIRD DEGREE CHILD abuse third degree Buying or selling an individual FIRST DEGREE CHILD ABUSE IN PRESENCE OF ANOTHER CHILD FIRST OFFENSE FIRST DEGREE CHILD ABUSE IN PRESENCE OF ANOTHER CHILD SECOND OR SUBSEQUENT OFFENSE SECOND DEGREE CHILD ABUSE IN PRESENCE OF ANOTHER CHILD FIRST OFFENSE SECOND DEGREE CHILD ABUSE IN PRESENCE OF ANOTHER CHILD SECOND OR SUBSEQUENT OFFENSE THIRD DEGREE CHILD ABUSE IN PRESENCE OF ANOTHER CHILD Soliciting child to commit an immoral act

15

750.136b(2) 750.136B(2)(A)

Person

BA

15LIFE

750.136B(2)(B)

PERSON

LIFE

750.136b(4) 750.136B(4)(A) 750.136B(4)(B)

Person

FC

410

PERSON

20

750.136b(6)

Person

2 20

7 8

750.136c 750.136D(1)(A)

Person PERSON

B A

LIFE

750.136D(1)(B)

PERSON

LIFE

10

750.136D(1)(C)

PERSON

10

11

750.136D(1)(D)

PERSON

20

12

750.136D(1)(E)

PERSON

2 4

13

750.145a

Person

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3 1 750.145b Person D Accosting children for immoral purposes with prior conviction Child PRODUCING CHILD sexually abusive activity or materials active involvement MATERIAL Child DISTRIBUTING, PROMOTING, OR FINANCING THE DISTRIBUTION OF CHILD sexually abusive activity or materials distributing, promoting, or financing MATERIAL Child POSSESSING CHILD sexually abusive activities or materials possession MATERIAL Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 1 year but less than 2 years Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 15 years

10

750.145c(2)

Person

20

750.145c(3)

Person

750.145c(4)

Person

750.145d(2)(b)

Variable

750.145d(2)(c)

Variable

750.145d(2)(d)

Variable

10

750.145d(2)(e)

Variable

15

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4 1 750.145d(2)(f) Variable B Using internet or computer to commit crime punishable by a maximum term of imprisonment of at least 15 years or for life Vulnerable FIRST DEGREE VULNERABLE adult abuse first degree Vulnerable SECOND DEGREE VULNERABLE adult abuse second degree Vulnerable THIRD DEGREE VULNERABLE adult abuse third degree Death of vulnerable adult caused by unlicensed caretaker Vulnerable adult commingling COMMINGLING funds OF, obstructing investigation REGARDING, or filing false information REGARDING, VULNERABLE ADULT Retaliation or discrimination by caregiver against vulnerable adult Vulnerable adult caregiver violations CAREGIVER OR LICENSEE VIOLATION AGAINST VULNERABLE ADULT subsequent offense Ethnic intimidation

20

750.145n(1)

Person

15

750.145n(2)

Person

750.145n(3)

Person

750.145o

Person

750.145p(1)

Person

750.145p(2)

Person

750.145p(5)

Person

5 2

9 10 11

750.147b

Person

(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category,

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5 1 2 3 4 5 offense variable level, and prior record variable level based on the underlying offense. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5078(request no. 01689'11) of the 96th Legislature is enacted into law.

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