HOUSE BILL No. 5419 December 9, 1997, Introduced by Rep. McNutt and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 8, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 31, 33, and 34 of chapter IX as added and section 14 of chapter XI as amended by 1994 PA 445, and by adding chapter IXA. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IX 2 Sec. 8. (1) When a person is convicted for the first time 3 for committing a felony and the punishment prescribed by law for 4 that offense may be imprisonment in a state prison, the court 5 imposing sentence shall not fix a definite term of imprisonment, 6 but shall fix a minimum term, except as otherwise provided in 7 this chapter. The maximum penalty provided by law shall be the 04075'97 TVD 2 1 maximum sentence in all cases except as provided in this chapter 2 and shall be stated by the judge in imposing the sentence. 3 (2) If the defendant sentenced to an indeterminate term is a 4 person who will be a prisoner subject to disciplinary time under 5 section 34 ofAct No. 118 of the Public Acts of 1893, being6section 800.34 of the Michigan Compiled Laws1893 PA 118, MCL 7 800.34, the court shall advise the defendant that his or her min- 8 imum term may be extended by the addition of disciplinary time 9pursuant to section 34 of Act No. 118 of the Public Acts of101893for misconduct while a prisoner. 11 (3) Before or at the time of imposingthesentence, the 12 judge shall ascertain by examining theconvictDEFENDANT under 13 oath, or otherwise, and by other evidence as can be obtained 14 tending to indicate briefly the causes of the DEFENDANT'S crimi- 15 nal character or conduct,of the convict,which facts and other 16 facts that appear to be pertinent in the case,the judge shall 17 cause to be entered upon the minutes of the court. 18 Sec. 31. As used in this section and sections 32 to 34 of 19 this chapter: 20 (a) "Commission" means the sentencing commission created in 21 section 32 of this chapter. 22 (b) "Departure" means a sentence imposed that is not within 23 the appropriate minimum sentence range established under the sen- 24 tencing guidelinesdeveloped pursuant to section 33 of thisSET 25 FORTH IN chapter IXA. 26 (c) "Intermediate sanction" means probation or any sanction, 27 other than imprisonment in a state prison or state reformatory, 04075'97 3 1 that may lawfully be imposed. Intermediate sanction includes, 2 but is not limited to, 1 or more of the following: 3 (i) Inpatient or outpatient drug treatment. 4 (ii) Probation with any probation conditions required or 5 authorized by law. 6 (iii) Residential probation. 7 (iv) Probation with jail. 8 (v) Probation with special alternative incarceration. 9 (vi) Mental health treatment. 10 (vii) Mental health or substance abuse counseling. 11 (viii) Jail. 12 (ix) Jail with work or school release. 13 (x) Jail, with or without authorization for day parole under 14Act No. 60 of the Public Acts of 1962, being sections 801.251 to15801.258 of the Michigan Compiled Laws1962 PA 60, MCL 801.251 TO 16 801.258. 17 (xi) Participation in a community corrections program. 18 (xii) Community service. 19 (xiii) Payment of a fine. 20 (xiv) House arrest. 21 (xv) Electronic monitoring. 22 (d) "Offender characteristics" means only the prior criminal 23 record of an offender. 24 (e) "Offense characteristics" means the elements of the 25 crime and the aggravating and mitigating factors relating to the 26 offense that the commission determines are appropriate and 27 consistent with the criteria described in section 33(1)(e) of 04075'97 4 1 this chapter. For purposes of this subdivision, an offense 2 described in section 33b ofAct No. 232 of the Public Acts of31953, being section 791.233b of the Michigan Compiled Laws1953 4 PA 232, MCL 791.233B, that resulted in a conviction and that 5 arose out of the same transaction as the offense for which the 6 sentencing guidelines are being scored shall be considered as an 7 aggravating factor. 8 (f) "Prior criminal record" means all of the following: 9 (i) Misdemeanor and felony convictions. 10 (ii) Probation and parole violations involving criminal 11 activity. 12 (iii) Dispositions enteredpursuant toUNDER section 18 of 13 chapter XIIA ofAct No. 288 of the Public Acts of 1939, being14section 712A.18 of the Michigan Compiled Laws1939 PA 288, MCL 15 712A.18, for acts that would have been crimes if committed by an 16 adult. 17 (iv) Assignment to youthful trainee statuspursuant to18 UNDER sections 11 to 15 of chapter II. 19 (v) A conviction set asidepursuant to Act No. 213 of the20Public Acts of 1965, being sections 780.621 to 780.624 of the21Michigan Compiled LawsUNDER 1965 PA 213, MCL 780.621 TO 22 780.624. 23 (vi) Dispositions described in subparagraph (iii) that have 24 been set aside under section 18e of chapter XIIA ofAct No. 28825of the Public Acts of 1939, being section 712A.18e of the26Michigan Compiled Laws1939 PA 288, MCL 712A.18E, or expunged. 04075'97 5 1 (g) "Total capacity of state correctional facilities" means, 2 at any given time, the capacities of all permanent and temporary 3 state correctional facilities in use and all state correctional 4 facilities approved for constructionpursuant toUNDER the 5 joint capital outlay process as of the preceding June 1. 6 Sec. 33. (1) The commission shall do all of the following: 7 (a) Collect, prepare, analyze, and disseminate information 8 regarding state and local sentencing practices for felonies and 9 the use of prisons and jails. The state court administrator 10 shall continue to collect data regarding sentencing practices and 11 shall provide the data necessary to the commission. 12 (b) Conduct on-going research regarding the impact of the 13 sentencing guidelinesdeveloped pursuant to this sectionSET 14 FORTH IN CHAPTER IXA. 15 (c) Collect, analyze, and compile data and make projections 16 regarding the populations and capacities of state and local cor- 17 rectional facilities and the impact of the sentencing guidelines 18 on those populations and capacities. 19 (d) In cooperation with the state court administrator, col- 20 lect, analyze, and compile data regarding the effect of sentenc- 21 ing guidelines on the case load, docket flow, and case backlog of 22 the trial and appellate courts of this state. 23 (e) Developsentencing guidelines, including sentence24ranges for the minimum sentence for each offense and intermediate25sanctions as provided in subsection (3), andmodifications to 26 the SENTENCING guidelines as provided in subsection(5)(4). 04075'97 6 1The sentencing guidelines and anyANY modifications to the 2 SENTENCING guidelines shall accomplish all of the following: 3 (i) Provide for protection of the public. 4 (ii)AnCONSIDER AN offense involving violence against a 5 personshall be consideredAS more severe than other offenses. 6 (iii) Be proportionate to the seriousness of the offense and 7 the offender's prior criminal record. 8 (iv) Reduce sentencing disparities based on factors other 9 than offense characteristics and offender characteristics and 10 ensure that offenders with similar offense and offender charac- 11 teristics receive substantially similar sentences. 12 (v) Specify the circumstances under which a term of impris- 13 onment is proper and the circumstances under which intermediate 14 sanctions are proper. 15 (vi) Establish sentence ranges for imprisonment that are 16 within the minimum and maximum sentences allowed by law for the 17 offenses to which the ranges apply. 18 (vii)EstablishMAINTAIN separate sentence ranges for con- 19 victions under the habitual offender provisions in sections 10, 20 11, 12, and 13 of this chapter, which may include as an aggravat- 21 ing factor, among other relevant considerations, that the accused 22 has engaged in a pattern of proven or admitted criminal 23 behavior. 24 (viii) Establish sentence ranges the commission considers 25 appropriate. 26 (2) In developingrecommendedMODIFICATIONS TO THE 27 sentencing guidelines, the commission shall consider the 04075'97 7 1 likelihood that the capacity of state and local correctional 2 facilities will be exceeded. The commission shall submit to the 3 legislature a prison impact report relating to any MODIFICATIONS 4 TO sentencing guidelines.submitted under this section.The 5 report shall include the projected impact on total capacity of 6 state correctional facilities. 7 (3)TheMODIFICATIONS TO sentencing guidelines shall 8 include recommended intermediate sanctions for each case in which 9 the upper limit of the recommended minimum sentence range is 10 18 months or less. 11(4) The commission shall submit the recommended sentencing12guidelines developed pursuant to this section to the secretary of13the senate and the clerk of the house of representatives on or14before July 15, 1996. If a proper request is submitted by a15serving member of the legislature, the legislative service bureau16shall prepare by September 15, 1996 a bill embodying the17commission's recommended sentencing guidelines for introduction.18If sentencing guidelines are not enacted into law by the legisla-19ture by December 31, 1996, the commission shall revise the guide-20lines and submit the revised sentencing guidelines to the secre-21tary of the senate and the clerk of the house of representatives22by March 31, 1997. If sentencing guidelines are not enacted into23law by the legislature within 60 days after the commission sub-24mits the revised sentencing guidelines to the secretary of the25senate and the clerk of the house of representatives, the commis-26sion shall revise the sentencing guidelines and submit the27revised guidelines to the secretary of the senate and the clerk04075'97 8 1of the house of representatives within 90 days. The revised2sentencing guidelines are subject to the requirements of3subsections (1), (2), and (3) and to the same enactment process4as the sentencing guidelines originally submitted pursuant to5this subsection. Until the legislature enacts sentencing guide-6lines into law, the commission shall continue to revise and7resubmit the sentencing guidelines to the legislature as provided8in this subsection.9 (4)(5)The commission may recommend modifications to the 10 sentencing guidelinesenacted into law under subsection (4)SET 11 FORTH IN CHAPTER IXA. Modifications of those sentencing guide- 12 lines shall not be recommended sooner than 2 years after the 13 effective date ofthoseTHE sentencing guidelines,SET FORTH 14 IN CHAPTER IXA unless the modifications are based upon omissions, 15 technical errors, changes in the law, or court decisions. 16 Subsequent modifications shall not be recommended sooner than 2 17 years after previous modifications other than modifications based 18 upon omissions, technical errors, changes in the law, or court 19 decisions.Any modification proposed by the commission as per-20mitted under this subsection is subject to the same enactment21process as set forth in subsection (4).22 (5) THE COMMISSION SHALL SUBMIT ANY RECOMMENDED MODIFICA- 23 TIONS TO THE SENTENCING GUIDELINES TO THE SECRETARY OF THE SENATE 24 AND THE CLERK OF THE HOUSE OF REPRESENTATIVES. IF THE LEGISLA- 25 TURE DOES NOT ENACT MODIFICATIONS TO THE SENTENCING GUIDELINES 26 WITHIN 60 DAYS AFTER INTRODUCTION OF A BILL TO ENACT SENTENCING 27 GUIDELINES MODIFICATIONS BASED ON THE RECOMMENDATIONS, THE 04075'97 9 1 COMMISSION SHALL REVISE THE RECOMMENDED MODIFICATIONS AND SUBMIT 2 THEM TO THE SECRETARY OF THE SENATE AND THE CLERK OF THE HOUSE OF 3 REPRESENTATIVES WITHIN 90 DAYS. THE REVISED MODIFICATIONS ARE 4 SUBJECT TO THE REQUIREMENTS OF SUBSECTIONS (1), (2), AND (3). 5 UNTIL THE LEGISLATURE ENACTS MODIFICATIONS TO THE SENTENCING 6 GUIDELINES INTO LAW, THE COMMISSION SHALL CONTINUE TO REVISE AND 7 RESUBMIT THE MODIFICATIONS TO THE LEGISLATURE UNDER THE SCHEDULE 8 PROVIDED IN THIS SUBSECTION. 9 Sec. 34. (1) The sentencing guidelines promulgated by order 10 of the Michigan supreme court shall not apply to felonies 11 ENUMERATED IN PART 2 OF CHAPTER IXA committed on or after the 12 effective date of theact by which the legislature enactssen- 13 tencing guidelinesinto lawSET FORTH IN CHAPTER IXA. 14 (2) Except AS OTHERWISE PROVIDED IN THIS SUBSECTION OR for a 15 departure from the appropriate minimum sentence range provided 16 for under subsection (3), the minimum sentence imposed by a court 17 of this state for a felony ENUMERATED IN PART 2 OF CHAPTER IXA 18 committed on or after the effective date of theact first enact-19ing into law thesentencing guidelinesdeveloped pursuant to20section 33 of thisSET FORTH IN chapter IXA shall be within the 21 appropriate sentence range under the VERSION OF THOSE sentencing 22 guidelines in effect on the date the crime was committed. BOTH 23 OF THE FOLLOWING APPLY TO MINIMUM SENTENCES UNDER THIS 24 SUBSECTION: 25 (A) IF A STATUTE MANDATES A MINIMUM SENTENCE, THE COURT 26 SHALL IMPOSE SENTENCE IN ACCORDANCE WITH THAT STATUTE. IMPOSING 04075'97 10 1 A MANDATORY MINIMUM SENTENCE IS NOT A DEPARTURE UNDER THIS 2 SECTION. 3 (B) THE COURT SHALL NOT IMPOSE A MINIMUM SENTENCE, INCLUDING 4 A DEPARTURE, THAT EXCEEDS 2/3 OF THE STATUTORY MAXIMUM SENTENCE. 5 (3)Subject to the following limitations, aA court may 6 depart from the appropriate sentence range established under the 7 sentencing guidelinesenacted into law pursuant to section 33 of8thisSET FORTH IN chapter IXA if the court has a substantial and 9 compelling reason for that departure and states on the record the 10 reasons for departure. ALL OF THE FOLLOWING APPLY TO A 11 DEPARTURE: 12 (a) The court shall not use an individual's gender, race, 13 ethnicity, alienage, national origin, legal occupation, lack of 14 employment, representation by appointed legal counsel, represen- 15 tation by retained legal counsel, appearance in propria persona, 16 or religion to depart from the appropriate sentence range. 17 (b) The court shall not base a departure on an offense char- 18 acteristic or offender characteristic already taken into account 19 in determining the appropriate sentence range unless the court 20 finds from the facts contained in the court record, including the 21 presentence investigation report, that the characteristic has 22 been given inadequate or disproportionate weight. 23 (4)Beginning on the effective date of the act first enact-24ing into law the sentencing guidelines developed pursuant to sec-25tion 33 of this chapter, ifINTERMEDIATE SANCTIONS SHALL BE 26 IMPOSED UNDER THIS CHAPTER AS FOLLOWS: 04075'97 11 1 (A) IF the upper limit of theappropriateRECOMMENDED 2 minimum sentence RANGE for a defendantconvicted for a felony3committed on or after that date is 18 months or lessDETERMINED 4 under the sentencing guidelines SET FORTH IN CHAPTER IXA IS 18 5 MONTHS OR LESS, the court shall impose an intermediate sanction 6 unless the court states on the record a substantial and compel- 7 ling reason to sentence the individual to the jurisdiction of the 8 department of corrections. AN INTERMEDIATE SANCTION MAY INCLUDE 9 A JAIL TERM THAT DOES NOT EXCEED THE UPPER LIMIT OF THE RECOM- 10 MENDED MINIMUM SENTENCE RANGE OR 12 MONTHS, WHICHEVER IS LESS. 11 (B) IF THE OFFENSE IS A VIOLATION OF SECTION 7401(2)(A)(iv) 12 OR 7403(2)(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 13 333.7401 AND 333.7403, AND THE UPPER LIMIT OF THE RECOMMENDED 14 MINIMUM SENTENCE RANGE IS 18 MONTHS OR LESS, THE COURT SHALL 15 IMPOSE A SENTENCE OF LIFE PROBATION ABSENT A DEPARTURE. 16 (C) IF AN ATTEMPT TO COMMIT A FELONY DESIGNATED IN OFFENSE 17 CLASS H IN PART 2 OF THIS CHAPTER IS PUNISHABLE BY IMPRISONMENT 18 FOR MORE THAN 1 YEAR, THE COURT SHALL IMPOSE AN INTERMEDIATE 19 SANCTION UPON CONVICTION OF THAT OFFENSE ABSENT A DEPARTURE. 20 (D) IF THE UPPER LIMIT OF THE RECOMMENDED MINIMUM SENTENCE 21 EXCEEDS 18 MONTHS AND THE LOWER LIMIT OF THE RECOMMENDED MINIMUM 22 SENTENCE IS 12 MONTHS OR LESS, THE COURT SHALL SENTENCE THE 23 OFFENDER AS FOLLOWS ABSENT A DEPARTURE: 24 (i) TO IMPRISONMENT WITH A MINIMUM TERM WITHIN THAT RANGE. 25 (ii) TO AN INTERMEDIATE SANCTION THAT INCLUDES A TERM OF 26 IMPRISONMENT OF NOT LESS THAN THE MINIMUM RANGE OR MORE THAN 12 27 MONTHS. 04075'97 12 1 (5) If a crime has a mandatory determinant penalty or a 2 mandatory penalty of life imprisonment, the court shall impose 3 that penalty. This section does not apply to sentencing for that 4 crime. 5 (6) As part of the sentence, the court may also order the 6 defendant to pay any combination of a fine, costs, or applicable 7 assessments. The court shall order payment of restitution as 8 provided by law. 9 (7) If the trial court imposes on a defendant a minimum sen- 10 tence that is longer or more severe than the appropriate sentence 11 range, as part of the court's advice of the defendant's rights 12 concerning appeal, the court shall advise the defendant orally 13 and in writing that he or she may appeal the sentence as provided 14 by law on grounds that it is longer or more severe than the 15 appropriate sentence range. 16 (8) All of the following shall be part of the record filed 17 for an appeal of a sentence under this section: 18 (a) An entire record of the sentencing proceedings. 19 (b) The presentence investigation report. Any portion of 20 the presentence investigation report exempt from disclosure by 21 law shall not be a public record. 22 (c) Any other reports or documents the sentencing court used 23 in imposing sentence. 24 (9) An appeal of a sentence under this section does not stay 25 execution of the sentence. 26 (10) If a minimum sentence is within the appropriate 27 guidelines sentence range, the court of appeals shall affirm that 04075'97 13 1 sentence and shall not remand for resentencing absent an error in 2 scoring the sentencing guidelines or inaccurate information 3 relied upon in determining the defendant's sentence. A party 4 shall not raise on appeal an issue challenging the scoring of the 5 sentencing guidelines or challenging the accuracy of information 6 relied upon in determining a sentence that is within the appro- 7 priate guidelines sentence range unless the party has raised the 8 issue at sentencing, in a proper motion for resentencing, or in a 9 proper motion to remand filed in the court of appeals. 10 (11) If, upon a review of the record, the court of appeals 11 finds the trial court did not have a substantial and compelling 12 reason for departing from the appropriate sentence range, the 13 court shall remand the matter to the sentencing judge or another 14 trial court judge for resentencingpursuant toUNDER this 15 chapter. 16 (12) Time served on the sentence appealed under this section 17 is considered time served on any sentence imposed after remand. 18 CHAPTER IXA 19 PART 1 20 GENERAL PROVISIONS 21 SEC. 1. AS USED IN THIS CHAPTER: 22 (A) "AIRCRAFT" MEANS THAT TERM AS DEFINED IN SECTION 4 OF 23 THE AERONAUTICS CODE OF THE STATE OF MICHIGAN, 1945 PA 327, MCL 24 259.4. 25 (B) "DEPARTURE" MEANS THAT TERM AS DEFINED IN SECTION 31 OF 26 CHAPTER IX. 04075'97 14 1 (C) "HOMICIDE" MEANS ANY CRIME IN WHICH THE DEATH OF A HUMAN 2 BEING IS AN ELEMENT OF THAT CRIME. 3 (D) "INTERMEDIATE SANCTION" MEANS THAT TERM AS DEFINED IN 4 SECTION 31 OF CHAPTER IX. 5 (E) "VEHICLE" MEANS THAT TERM AS DEFINED IN SECTION 79 OF 6 THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.49. 7 SEC. 5. THE OFFENSE CATEGORIES ARE DESIGNATED IN PART 2 OF 8 THIS CHAPTER AS FOLLOWS: 9 (A) CRIMES AGAINST A PERSON ARE DESIGNATED "PERSON". 10 (B) CRIMES AGAINST PROPERTY ARE DESIGNATED "PROPERTY". 11 (C) CRIMES INVOLVING A CONTROLLED SUBSTANCE ARE DESIGNATED 12 "CS". 13 (D) CRIMES AGAINST PUBLIC ORDER ARE DESIGNATED "PUB ORD". 14 (E) CRIMES AGAINST PUBLIC TRUST ARE DESIGNATED "PUB TRST". 15 (F) CRIMES AGAINST PUBLIC SAFETY ARE DESIGNATED "PUB SAF". 16 SEC. 6. THE OFFENSE DESCRIPTIONS IN PART 2 ARE FOR ASSIST- 17 ANCE ONLY AND THE STATUTES LISTED GOVERN APPLICATION OF THE SEN- 18 TENCING GUIDELINES. 19 PART 2 20 SEC. 11. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 21 ENUMERATED IN CHAPTERS 1 TO 199 OF THE MICHIGAN COMPILED LAWS: 22 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 23 4.421(1) PUB TRST G LOBBYISTS -- COMPENSATION CON- 24 TINGENT ON OUTCOME OF ACTION 3 25 4.421(2) PUB TRST G LOBBYISTS GIVING GIFTS 3 26 18.366(1) PROPERTY E FALSE PRESENTATION TO VICTIMS 27 COMPENSATION BOARD TO OBTAIN 28 MORE THAN $100 10 04075'97 15 1 18.1268(9) PUB TRST H PURPOSEFULLY SUBMITTING FALSE 2 BUSINESS CERTIFICATION FINE 3 21.154 PUB TRST E PUBLIC OFFICER -- EMBEZZLEMENT 5 4 28.295(1)(A) PUB ORD H FORGING STATE ID CARD TO 5 COMMIT FELONY 4 6 28.295(3) PROPERTY H USING STOLEN STATE ID CARD TO 7 COMMIT FELONY VARIABLE 8 28.295A(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN 9 OR MISUSE PERSONAL 10 INFORMATION 4 11 28.295A(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN 12 OR MISUSE PERSONAL INFORMA- 13 TION -- SECOND OFFENSE 7 14 28.295A(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN 15 OR MISUSE PERSONAL INFORMA- 16 TION -- THIRD OR SUBSEQUENT 17 OFFENSE 15 18 28.422 PUB SAF G PISTOLS -- LICENSE APPLICATION 19 FORGERY 4 20 28.729 PUB ORD G SEX OFFENDERS -- FAILURE TO 21 REGISTER 4 22 35.929 PUB TRST H WILLFUL FALSIFICATION IN 23 APPLICATION FOR VETERANS 24 BENEFITS 3 25 35.980 PUB TRST H KOREAN VETERANS' MILITARY FUND 26 -- FALSE STATEMENT IN APPLI- 27 CATION FOR BENEFITS 3 28 35.1029 PUB TRST H VIETNAM VETERAN ERA BONUS ACT 29 -- FALSE STATEMENT IN APPLI- 30 CATION FOR BENEFITS 3 31 38.412A(1) PUB TRST H COUNTY EMPLOYEE PROVIDING 32 ANSWERS TO COUNTY CIVIL 33 SERVICE EXAM 1 34 38.516 PUB TRST H FIRE AND POLICE CIVIL SERVICE 35 -- APPOINTMENT OR EMPLOYMENT 36 CONTRARY TO ACT 2 37 45.82 PUB TRST E COUNTY PURCHASING AGENT -- 38 VIOLATIONS IN AWARDING BIDS 39 OR CONTRACTS 5 04075'97 16 1 47.8 PUB TRST H PAYMENT OF CLAIM AGAINST 2 COUNTY BEFORE AUDIT 2 3 47.56 PUB TRST H WAYNE COUNTY TREASURER PAYING 4 CLAIMS WITHOUT APPROPRIATE 5 SIGNATURE 2 6 51.364 PUB TRST H APPOINTMENT OR SELECTION CON- 7 TRARY TO CIVIL SERVICE COM- 8 MISSION RULES 2 9 110.28 PUB TRST G FOURTH CLASS CITIES -- MISAP- 10 PROPRIATION OF MONEY OR 11 PROPERTY 3 12 117.25(3) PUB TRST E AMENDMENT TO CITY ELECTORS -- 13 WILLFULLY AFFIXING ANOTHER'S 14 SIGNATURE, FALSE REP 15 15 125.1447 PROPERTY G HOUSING -- MSHDA -- FALSE PRE- 16 TENSES OVER $100 10 17 168.731(4) PUB TRST G ELECTION LAW -- FILING CERTAIN 18 FALSE STATEMENTS 2 19 168.734 PUB TRST G ELECTION LAW -- ELECTION BOARD 20 REFUSING TO PROVIDE CHAL- 21 LENGER CONVENIENCES 2 22 168.756 PUB TRST E ELECTOR'S FALSE STATEMENT CON- 23 CERNING INABILITY TO MARK 24 BALLOT 5 25 168.757 PUB TRST E ELECTION INSPECTOR -- UNLAWFUL 26 CONDUCT 5 27 168.759(8) PUB TRST E FORGED SIGNATURE ON ABSENTEE 28 BALLOT 5 29 168.759B PUB TRST E FALSE STATEMENT IN APPLICATION 30 FOR EMERGENCY ABSENTEE 31 BALLOT 5 32 168.761(5) PUB TRST E ASSISTING AN ABSENTEE VOTER IN 33 MAKING A FALSE STATEMENT 5 34 168.769(4) PUB TRST E VOTING BOTH IN PERSON AND BY 35 ABSENTEE BALLOT 5 36 168.792A(11) PUB TRST E DISCLOSING HOW BALLOT VOTED OR 37 ELECTION RESULTS EARLY 38 BEFORE POLLS ARE CLOSED 5 04075'97 17 1 168.792A(16) PUB TRST E DISCLOSING ELECTION RESULT OR 2 HOW BALLOT VOTED 5 3 168.808 PUB TRST E UNTRUE STATEMENT BY MEMBER OF 4 BOARD OF INSPECTORS 4 5 168.873 PUB TRST E MISCONDUCT OF ELECTION 6 EMPLOYEE IN RECOUNT-COUNTY 7 AND LOCAL 5 8 168.887 PUB TRST E MISCONDUCT OF ELECTION 9 EMPLOYEE IN RECOUNT 5 10 168.932(A) PUB TRST E BRIBING OR INTIMIDATING VOTERS 5 11 168.932(B) PUB TRST E BALLOT TAMPERING 5 12 168.932(C) PUB TRST E DESTROYING OR FALSIFYING ELEC- 13 TION RETURN OR RECORDS 5 14 168.932(D) PUB TRST E DISCLOSING VOTES OR OBSTRUCT- 15 ING VOTER 5 16 168.932(E) PUB TRST E ABSENTEE BALLOT TAMPERING 5 17 168.932(F) PUB TRST E ELECTION LAW -- POSSESS ABSENT 18 VOTER BALLOT DELIVERED TO 19 ANOTHER PERSON 5 20 168.932(G) PUB TRST E SUGGESTING HOW A DISABLED 21 VOTER SHOULD VOTE 5 22 168.932(H) PUB TRST E SUGGESTING OR INFLUENCING HOW 23 AN ABSENTEE VOTER SHOULD 24 VOTE 5 25 168.932(I) PUB TRST E ORGANIZING A MEETING WHERE 26 ABSENTEE VOTER BALLOTS ARE 27 TO BE VOTED 5 28 168.932A PUB TRST G ELECTION OFFENSES 4 29 168.933 PUB TRST E FALSE SWEARING TO REGISTER OR 30 VOTE 5 31 168.936 PUB TRST E ELECTION LAW -- PERJURY 5 32 168.937 PUB TRST E ELECTION LAW -- FORGERY 5 33 169.254 PUB TRST H CAMPAIGN FINANCE -- CORPORATE 34 CONTRIBUTIONS 3 04075'97 18 1 169.255 PUB TRST H CAMPAIGN FINANCE -- CORPORATE 2 SOLICITATION FOR CERTAIN 3 FUNDS 3 4 169.266 PUB TRST H CAMPAIGN FINANCE -- QUALIFIED 5 CAMPAIGN EXPENDITURES 3 6 SEC. 12. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 7 ENUMERATED IN CHAPTERS 200 TO 299 OF THE MICHIGAN COMPILED LAWS: 8 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 9 205.27(1)(A) PUB TRST G TAXES -- FAILURE TO FILE ACCU- 10 RATE RETURN OR PAYMENT 5 11 205.27(1)(B) PUB TRST G TAXES -- AIDING & ABETTING TAX 12 EVASION FILING FALSE RETURNS 5 13 205.27(1)(C) PUB TRST G TAXES -- MAKING/PERMITTING 14 FALSE RETURNS 5 15 205.27(3) PUB TRST G TAXES -- FALSE RETURNS/PERJURY 15 16 205.28 PUB TRST G TAXES -- 17 COMPROMISING/UNAUTHORIZED 18 DISCLOSURE OF INFORMATION 5 19 205.28(1)(E) PUB TRST G TAXES -- STATE EMPLOYEE COM- 20 PROMISING TAXES 5 21 205.28(1)(F) PUB TRST G TAXES -- UNAUTHORIZED DISCLO- 22 SURE OF TAX INFORMATION 5 23 205.428(2) PUB TRST G TOBACCO PRODUCTS TAX ACT 24 VIOLATIONS 5 25 207.118A PUB ORD G TAXES -- GASOLINE TAX -- 26 EMBEZZLEMENT OVER $100 10 27 207.119 PUB TRST G TAXES -- GASOLINE OR MOTOR 28 FUEL VIOLATION 4 29 207.127C PUB ORD G TAXES -- DIESEL FUEL TAX -- 30 EMBEZZLEMENT OVER $100 10 31 207.754(3) PUB TRST G STATE TREASURER -- MUNICIPAL- 32 ITY TAX -- DIVULGING CONFI- 33 DENTIAL INFORMATION 5 34 257.233A(7) PUB ORD G MOTOR VEHICLE -- ODOMETER 35 TAMPERING 5 04075'97 19 1 257.254 PROPERTY E MOTOR VEHICLE -- POSSESS 2 STOLEN TITLE 10 3 257.257(1) PROPERTY G MOTOR VEHICLE -- ALTERATION OR 4 FORGERY OF DOCUMENTS -- 5 FIRST OFFENSE 5 6 257.257(2) PROPERTY G MOTOR VEHICLE -- ALTERATION OR 7 FORGERY OF DOCUMENTS -- 8 SECOND OFFENSE 7 9 257.257(3) PROPERTY E MOTOR VEHICLE -- ALTERATION OR 10 FORGERY OF DOCUMENTS -- 11 THIRD OFFENSE 15 12 257.329(1) PROPERTY G INSURANCE CERTIFICATES -- 13 POSSESSION/SALE OF 14 STOLEN/COUNTERFEIT 5 15 257.329(2) PROPERTY E INS. CERTIFICATES -- 16 POSSESS/SALE 17 STOLEN/COUNTERFEIT -- SECOND 18 OFFENSE 7 19 257.329(3) PROPERTY E INS. CERTIFICATES -- 20 POSSESS/SALE 21 STOLEN/COUNTERFEIT -- THIRD 22 OFFENSE 15 23 257.602A(2) PUB SAF G FLEEING AND ELUDING -- FOURTH 24 DEGREE 2 25 257.602A(3) PUB SAF E FLEEING AND ELUDING -- THIRD 26 DEGREE 5 27 257.602A(4) PERSON D FLEEING AND ELUDING -- SECOND 28 DEGREE 10 29 257.602A(5) PERSON C FLEEING AND ELUDING -- FIRST 30 DEGREE 15 31 257.617 PERSON E FAILURE TO STOP AT SCENE OF A 32 SERIOUS PERSONAL INJURY 33 ACCIDENT 5 34 257.625(4) PERSON C OUIL -- CAUSING DEATH 15 35 257.625(5) PERSON E OUIL -- CAUSING INCAPACITATING 36 INJURY 5 37 257.625(7)(D) PUB SAF E OUIL -- THIRD OFFENSE 5 38 257.625N(10) PUB ORD G DISPOSING OF VEHICLE TO AVOID 39 FORFEITURE 4 04075'97 20 1 257.744A PUB SAF D FALSE STATEMENT IN CITATION -- 2 PERJURY 15 3 257.902 PUB SAF E MOTOR VEHICLE CODE -- FELONY 4 PENALTY 5 5 257.903(1) PROPERTY E MOTOR VEHICLE CODE -- FALSE 6 CERTIFICATION -- FIRST 7 OFFENSE 5 8 257.903(2) PROPERTY E MOTOR VEHICLE CODE -- FALSE 9 CERTIFICATION -- SECOND 10 OFFENSE 7 11 257.903(3) PROPERTY D MOTOR VEHICLE CODE -- FALSE 12 CERTIFICATION -- THIRD 13 OFFENSE 15 14 257.1353(2) PUB TRST H MOTOR VEHICLE -- FAIL TO 15 RECORD MATERIAL MATTER -- 16 SECOND OFFENSE 2 17 257.1354(2) PUB TRST H MOTOR VEHICLE -- GENERAL VIO- 18 LATIONS -- SECOND OFFENSE 2 19 257.1355 PUB TRST H MOTOR VEHICLE -- FAIL TO 20 RECORD TRANSACTION/FALSIFY 21 RECORDS 2 22 259.183 PROPERTY E AIRCRAFT -- UNLAWFUL 23 TAKING/TAMPERING 5 24 259.185(8) PUB SAF G AIRCRAFT -- OUIL -- THIRD 25 OFFENSE 5 26 285.82 PUB TRST H GRAIN DEALERS ACT -- GENERAL 27 VIOLATIONS 5 28 285.279 PUB TRST E FALSELY OBTAINING MONEY -- 29 AGRICULTURAL LAND 10 30 286.455(2) PUB SAF G AGRICULTURE -- HAZARDOUS 31 SUBSTANCE 5 32 287.77(1) PUB SAF H AGRICULTURE -- LIVESTOCK 33 CONDEMNATION 4 34 287.323(1) PERSON C ANIMALS -- DANGEROUS ANIMAL 35 CAUSING DEATH 15 36 287.323(2) PERSON G ANIMALS -- DANGEROUS ANIMAL 37 CAUSING SERIOUS INJURY 4 04075'97 21 1 287.679 PUB ORD H DEAD ANIMALS 1 2 287.744(1) PUB ORD G ANIMAL INDUSTRY ACT -- FELONY 3 VIOLATIONS 5 4 287.855 PUB SAF G AGRICULTURE -- CONTAMINATING 5 LIVESTOCK/FALSE 6 STATEMENT/VIOLATION OF 7 QUARANTINE 5 8 288.223 PUB SAF G AGRICULTURE -- SALE/LABELING 9 -- OLEO MARGARINE 3 10 288.257 PUB SAF G AGRICULTURE -- BUTTER/OLEO 11 MARGARINE 3 12 288.284 PUB TRST H CHEESE ACT -- SELLING FALSELY 13 BRANDED CHEESE 2 14 290.629(1) PERSON G WEIGHTS & MEASURES -- ASSAULTS 15 ENFORCEMENT OFFICER 2 16 290.631(3) PUB TRST G WEIGHTS & MEASURES 5 17 290.650 PERSON G MOTOR FUELS -- 18 ASSAULTING/OBSTRUCTING 19 DIRECTOR OR AUTHORIZED 20 REPRESENTATIVE 2 21 290.650B(3) PUB TRST H MOTOR FUELS -- SPECIFIC 22 VIOLATIONS 2 23 SEC. 13. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 24 ENUMERATED IN CHAPTERS 300 TO 399 OF THE MICHIGAN COMPILED LAWS: 25 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 26 324.1608 PERSON G RESISTING AND OBSTRUCTING CON- 27 SERVATION OFFICER 2 28 324.2157(3) PROPERTY H STATE OWNED PROPERTY -- DAM- 29 AGES OF $1,000 OR MORE 180 DAYS 30 324.3115(2) PUB SAF H WASTE DISCHARGE VIOLATIONS -- 31 SECOND OFFENSE 2 32 324.5531(4) PUB SAF H POLLUTION VIOLATION -- KNOW- 33 INGLY RELEASES 2 34 324.5531(5) PUB SAF G POLLUTION VIOLATION -- 35 KNOWINGLY RELEASES -- 04075'97 22 1 CAUSING DEATH/SERIOUS BODILY 2 INJURY 6 3 324.5531(6) PUB SAF C POLLUTION VIOLATION -- RESULT- 4 ING IN DEATH/SERIOUS BODILY 5 INJURY 15 6 324.8905(2) PUB SAF H INFECTIOUS WASTE/PATHOLOGICAL 7 WASTE/SHARPS -- LITTERING 8 VIOLATION 2 9 324.8905(3) PUB SAF G INFECTIOUS WASTE/PATHOLOGICAL 10 WASTE/SHARPS -- LITTERING 11 VIOLATION -- SECOND OFFENSE 5 12 324.11151(2) PUB SAF H HAZARDOUS WASTE VIOLATIONS -- 13 SECOND OR SUBSEQUENT OFFENSE 2 14 324.11151(3) PUB SAF H HAZARDOUS WASTE VIOLATION -- 15 DISREGARD FOR HUMAN LIFE 2 16 324.11151(3) PUB SAF G HAZARDOUS WASTE VIOLATION -- 17 EXTREME INDIFFERENCE FOR 18 HUMAN LIFE 5 19 324.12116(2) PUB SAF H WASTE -- FALSE STATEMENT OR 20 ENTRY IN A LICENSE 21 APPLICATION 2 22 324.20139(3) PUB SAF H HAZARDOUS WASTE -- KNOWINGLY 23 RELEASES OR CAUSES THE 24 RELEASE 2 25 324.21324(1) PUB SAF G UNDERGROUND STORAGE TANKS -- 26 FALSE OR MISLEADING 27 INFORMATION 5 28 324.21548(1) PUB TRST H FALSE STATEMENT, REPORT, 29 CLAIM, BID, WORK INVOICE, OR 30 OTHER REQUEST FOR PAYMENT 5 31 324.40118(11) PUB ORD G WILDLIFE CONSERVATION -- 32 BUYING SELLING PROTECTED 33 ANIMALS -- SUBSEQUENT 34 OFFENSE 4 35 324.30316(3) PUB SAF H ENVIRONMENTAL PROTECTION ACT 36 -- SUBSEQUENT OFFENSE 2 37 324.31525 PERSON G ENVIRONMENTAL ACT -- IMMINENT 38 DANGER OF DEATH OR SERIOUS 39 INJURY--SUBSEQUENT OFFENSE 2 04075'97 23 1 324.33939(1) PUB TRST H ENVIRONMENTAL ACT -- VIOLATION 2 FOR COMMERCIAL PURPOSES 2 3 324.51120(2) PROPERTY H REMOVING FOREST PRODUCTS OVER 4 $2,500 3 5 324.51512 PUB SAF D FIRES -- WILLFUL SETTING -- 6 FORESTS 10 7 324.61511 PUB TRST G ENVIRONMENTAL ACT -- FALSE 8 AFFIDAVIT 5 9 324.61521(1) PUB TRST G ENVIRONMENTAL ACT -- EVADING A 10 RULE OF 3 11 324.76107(4) PUB TRST G RECOVERING ABANDONED PROPERTY 12 -- GREAT LAKES -- W/O A 13 PERMIT 2 14 324.80130D(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN 15 PERSONAL INFORMATION 4 16 324.80130D(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN 17 PERSONAL INFORMATION -- 18 SECOND OFFENSE 7 19 324.80130D(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN 20 PERSONAL INFORMATION -- 21 THIRD OR SUBSEQUENT OFFENSE 15 22 324.80172 PERSON G OPERATION OF A VESSEL -- NEG- 23 LIGENT CRIPPLING OR HOMICIDE 2 24 324.80173 PERSON G FELONIOUS OPERATION OF A 25 VESSEL 2 26 324.80176(4) PERSON C OPERATING A VESSEL -- CON- 27 TROLLED SUBSTANCE -- DEATH 15 28 324.80176(5) PERSON E OPERATING A VESSEL -- 29 LONG-TERM INJURY 5 30 324.80177(1)(C) PUB SAF E OPERATING A VESSEL -- VIOLA- 31 TION WITHIN 10 YEARS OF 2 OR 32 MORE PRIORS 5 33 324.80319A(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN 34 PERSONAL INFORMATION 4 35 324.80319A(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN 36 PERSONAL INFORMATION -- 37 SECOND OFFENSE 7 04075'97 24 1 324.80319A(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN 2 PERSONAL INFORMATION -- 3 THIRD OR SUBSEQUENT OFFENSE 15 4 324.81120(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN 5 PERSONAL INFORMATION 4 6 324.81120(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN 7 PERSONAL INFORMATION -- 8 SECOND OFFENSE 7 9 324.81120(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN 10 PERSONAL INFORMATION -- 11 THIRD OR SUBSEQUENT OFFENSE 15 12 324.81134(6) PUB SAF E OPERATING AN OFF ROAD VEHICLE 13 -- UNDER THE INFLUENCE -- 14 THIRD OFFENSE W/IN 10 YEARS 4 15 324.82127(4) PERSON C OPERATING A SNOWMOBILE -- 16 UNDER THE INFLUENCE -- DEATH 15 17 324.82127(5) PERSON E OPERATING A SNOWMOBILE -- 18 UNDER THE INFLUENCE -- 19 LONG-TERM INJURY 5 20 324.82128(1)(C) PUB SAF E OPERATING A SNOWMOBILE -- 21 UNDER THE INFLUENCE -- THIRD 22 OFFENSE W/IN 10 YEARS 5 23 324.82160(1) PUB ORD H FALSE REPRESENTATION TO OBTAIN 24 PERSONAL INFORMATION 4 25 324.82160(2) PUB ORD G FALSE REPRESENTATION TO OBTAIN 26 PERSONAL INFORMATION -- 27 SECOND OFFENSE 7 28 324.82160(3) PUB ORD C FALSE REPRESENTATION TO OBTAIN 29 PERSONAL INFORMATION -- 30 THIRD OR SUBSEQUENT OFFENSE 15 31 328.232 PROPERTY E FUNERAL CONTRACTS -- 32 CONVERSION 5 33 333.2685 PERSON E USE OF A LIVE HUMAN EMBRYO, 34 FETUS FOR NONTHERAPEUTIC 35 RESEARCH 5 36 333.2688 PERSON E RESEARCH ON DEAD EMBRYO, FETUS 37 W/O CONSENT OF MOTHER 5 38 333.2689 PERSON E ABORTION TO OBTAIN EMBRYO 5 04075'97 25 1 333.2690 PERSON E SALE OR DELIVERY OF FETUS OR 2 EMBRYO 5 3 333.2835(9) PUB TRST G DISCLOSING CONFIDENTIAL INFOR- 4 MATION -- ABORTION 3 5 333.5210 PERSON F AIDS -- SEXUAL PENETRATION 6 WITH UNINFORMED PARTNER 4 7 333.5661 PERSON F FRAUD RESULTING IN PATIENT 8 DEATH 4 9 333.7341(8) CS G CS -- DELIVERY/MANUFACTURE -- 10 IMITATION 2 11 333.7401(2)(A)(i) CS A CS -- DELIVERY/MANUFACTURE 12 >649 GRAMS BY JUVENILE LIFE 13 333.7401(2)(A)(iii) CS B CS -- DELIVERY/MANUFACTURE 14 50-224 GRAMS 20 15 333.7401(2)(A)(iv) CS D CS -- DELIVERY/MANUFACTURE <50 16 GRAMS 20 17 333.7401(2)(B) CS E CS -- DELIVERY/MANUFACTURE 18 SCHEDULE 1/2/3 EXCEPT 19 MARIJUANA 7 20 333.7401(2)(C) CS F CS -- DELIVERY/MANUFACTURE 21 SCHEDULE 4 4 22 333.7401(2)(D)(i) CS C CS -- DELIVERY/MANUFACTURE >45 23 KILOS MARIJUANA 15 24 333.7401(2)(D)(ii) CS D CS -- DELIVERY/MANUFACTURE 25 5-45 KILOS MARIJUANA 7 26 333.7401(2)(D)(iii) CS F CS -- DELIVERY/MANUFACTURE 27 MARIJUANA -- <5 KILOS OR 20 28 PLANTS 4 29 333.7401(2)(E) CS G CS -- DELIVERY/MANUFACTURE 30 SCHEDULE 5 2 31 333.7401(2)(F) CS D CS -- DELIVERY/MANUFACTURE 32 OFFICIAL/COUNTERFEIT PRE- 33 SCRIPTION FORM 20 34 333.7401(2)(G) CS D CS -- DELIVERY MANUFACTURE 35 PRESCRIPTION/COUNTERFEIT 36 FORM (OTHER THAN OFFICIAL) 7 04075'97 26 1 333.7402(2)(A) CS D CS -- DELIVERY/MANUFACTURE -- 2 IMITATION SCHED 1/2 OR 3 NARCOTIC OR 7214(A)(iv) 10 4 333.7402(2)(B) CS E CS -- DELIVERY/MANUFACTURE -- 5 OTHER IMITATION SCHED 1/2/3 5 6 333.7402(2)(C) CS F CS -- DELIVERY/MANUFACTURE -- 7 IMITATION SCHEDULE 4 4 8 333.7402(2)(D) CS G CS -- DELIVERY/MANUFACTURE -- 9 IMITATION SCHEDULE 5 2 10 333.7402(2)(E) CS C CS -- DELIVERY/MANUFACTURE -- 11 ANALOGUE 15 12 333.7403(2)(A)(i) CS A CS -- POSSESSION >649 GRAMS BY 13 JUVENILE LIFE 14 333.7403(2)(A)(iii) CS B CS -- POSSESSION 50-224 GRAMS 20 15 333.7403(2)(A)(iv) CS G CS -- POSSESSION 25-49 GRAMS 4 16 333.7403(2)(A)(v) CS G CS -- POSSESSION OF <25 GRAMS 4 17 333.7403(2)(B) CS G CS -- POSSESSION SCHED 1/2/3/4 18 OTHER THAN (A), (B),(D) OR 19 ANALOGUE 2 20 333.7403(2)(E) CS H CS -- POSSESSION OF OFFICIAL 21 PRESCRIPTION FORM 1 22 333.7405(A) CS G CS -- LICENSEE PRESCRIPTION 23 VIOLATIONS 2 24 333.7405(B) CS G CS -- MANUFACTURE/DISTRIBUTE 25 OUTSIDE OF LICENSE 2 26 333.7405(C) CS G CS -- REFUSING INSPECTION 2 27 333.7405(D) CS G CS -- MAINTAINING DRUG HOUSE 2 28 333.7407(1)(A) CS G CS -- LICENSEE/DISTRIBUTE W/O 29 ORDER FORMS 4 30 333.7407(1)(B) CS G CS -- USE OF FICTITIOUS, 31 REVOKED, SUSPENDED LICENSE 32 NUMBER 4 33 333.7407(1)(C) CS G CS -- OBTAINING BY FRAUD 4 34 333.7407(1)(D) CS G CS -- FALSE REPORTING 4 04075'97 27 1 333.7407(1)(E) CS G CS -- POSSESSION OF 2 COUNTERFEITING IMPLEMENTS 4 3 333.7407(1)(F) CS F CS -- DISCLOSING PRESCRIPTION 4 INFORMATION 4 5 333.7407(1)(G) CS F CS -- POSSESSION COUNTERFEIT 6 PRESCRIPTION FORM 4 7 333.7407(2) CS G CS -- REFUSING TO FURNISH 8 RECORDS 4 9 333.10204(1) PUB ORD F TRANSFERRING A HUMAN ORGAN FOR 10 VALUABLE CONSIDERATION 4 11 333.13738(2) PUB SAF F WASTE DISPOSAL VIOLATIONS -- 12 SECOND OFFENSE 5 13 333.13738(3) PUB SAF F DISPOSING OF WASTE -- INDIF- 14 FERENCE TO HUMAN LIFE 2 15 333.13738(3) PUB SAF B DISPOSING OF WASTE -- EXTREME 16 INDIFFERENCE TO HUMAN LIFE 20 17 333.16170(3) PUB TRST F FALSE REPRESENTATION -- HEALTH 18 PROFESSIONAL RECOVERY 19 PROGRAM 4 20 333.16294 PUB SAF F HEALTH PROFESSION -- UNAUTHO- 21 RIZED PRACTICE 4 22 333.17766A(2)(A) CS F CS -- POSSESSION OF STEROIDS 23 -- SECOND OFFENSE 4 24 333.17766A(3) CS E CS -- DELIVERY/MANUFACTURE -- 25 STEROIDS 7 26 333.17766A(4) CS G CS -- DELIVERY IMITATION 27 STEROIDS 7 28 333.17766C(2) CS G CS -- POSSESSION >10 GRAMS -- 29 EPHEDRINE 2 30 333.20142(5) PUB TRST F FALSE STATEMENT -- APPLICATION 31 LICENSURE HEALTH FACILITY 4 32 333.21792 PUB TRST G NURSING HOMES -- REFERRAL 33 FEES/BRIBING OFFICIALS/ 34 ACCEPTING BRIBES 4 35 388.936 PUB TRST F KNOWINGLY MAKING FALSE STATE- 36 MENT -- SCHOOL DISTRICT 37 LOANS 4 04075'97 28 1 388.962 PUB TRST F KNOWINGLY MAKING FALSE 2 STATEMENT -- SCHOOL DISTRICT 3 LOANS 4 4 SEC. 14. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 5 ENUMERATED IN CHAPTERS 400 TO 499 OF THE MICHIGAN COMPILED LAWS: 6 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 7 400.60(2) PROPERTY H WELFARE -- FAILURE TO INFORM 8 O/$500 4 9 400.603 PUB TRST G MEDICAID FRAUD -- FALSE STATE- 10 MENT IN BENEFIT/CONCEALING 11 INFORMATION 4 12 400.604 PUB TRST G MEDICAID FRAUD -- 13 KICKBACK/REFERRAL FEES 4 14 400.605 PUB TRST G MEDICAID FRAUD -- FALSE STATE- 15 MENT REGARDING INSTITUTIONS 4 16 400.606 PROPERTY E MEDICAID FRAUD -- CONSPIRACY 10 17 400.607 PUB TRST G MEDICAID FRAUD -- FALSE 18 CLAIM/MEDICALLY UNNECESSARY 4 19 400.609 PROPERTY D MEDICAID FRAUD -- FOURTH 20 OFFENSE 10 21 400.713(13) PUB SAF H ADULT FOSTER CARE -- UNLI- 22 CENSED FACILITY -- FIRST 23 OFFENSE 2 24 400.713(13) PUB SAF F ADULT FOSTER CARE -- UNLI- 25 CENSED FACILITY -- SECOND OR 26 SUBSEQUENT VIOLATION 5 27 400.722(4) PUB SAF F ADULT FOSTER CARE -- MAINTAIN- 28 ING OPERATION AFTER REFUSAL 29 OF LICENSURE 5 30 408.1035(5) PUB SAF G MIOSHA -- VIOLATION -- SECOND 31 OFFENSE 3 32 408.1035(5) PUB SAF I MIOSHA -- VIOLATION -- FIRST 33 OFFENSE 1 34 408.1035A(5) PUB SAF I MIOSHA -- VIOLATIONS/WRITS OF 35 MANDAMUS/ASSAULTS -- FIRST 36 OFFENSE 1 04075'97 29 1 408.1035A(5) PUB SAF G MIOSHA -- VIOLATIONS/WRITS OF 2 MANDAMUS/ASSAULTS -- SECOND 3 OFFENSE 3 4 409.122(2) PERSON E CHILDREN -- EMPLOYMENT DURING 5 CERTAIN HOURS -- THIRD 6 OFFENSE 10 7 409.122(2) PUB ORD G CHILDREN -- EMPLOYMENT DURING 8 CERTAIN HOURS -- SECOND 9 OFFENSE 2 10 409.122(3) PERSON D CHILDREN -- EMPLOYMENT IN 11 CHILD SEXUALLY ABUSIVE 12 ACTIVITY 20 13 421.54(A)(ii)(B) PROPERTY H UNEMP. COMP. FRAUD -- FAIL TO 14 COMPLY WITH ACT/RULE 15 $25,000-100,000 2 16 421.54(A)(ii)(C) PROPERTY G UNEMP. COMP. FRAUD -- FAIL TO 17 COMPLY WITH ACT/RULE OVER 18 $100,000 5 19 421.54(A)(iv)(B) PROPERTY H UNEMP. COMP. FRAUD -- WILLFUL 20 VIOLATION OF ACT/RULE OVER 21 $100,000 2 22 421.54(B)(ii)(B) PROPERTY H UNEMP. COMP. FRAUD -- FALSE 23 STATEMENT/MISREPRESENT 24 $25,000+ 2 25 421.54(B)(ii)(C) PROPERTY H UNEMP. COMP. FRAUD -- FALSE 26 STATE./MISREP. NO ACTUAL 27 LOSS 2 28 421.54(D) PROPERTY H UNEMP. COMP. FRAUD -- DISCLOSE 29 CONFIDENTIAL INFO FOR $ GAIN 1 30 421.54A PROPERTY G UNEMP. COMP. FRAUD -- FALSE 31 STATEMENT AS CONDITION OF 32 EMPLOY. 10 33 421.54B(B)(i) PROPERTY H UNEMP. COMP. FRAUD -- CONSPIR- 34 ACY -- LOSS OF $25,000 OR 35 LESS 2 36 421.54B(B)(ii) PROPERTY G UNEMP. COMP. FRAUD -- CONSPIR- 37 ACY -- LOSS OVER $25,000 5 38 421.54B(B)(iii) PROPERTY H UNEMP. COMP. FRAUD -- CONSPIR- 39 ACY -- NO ACTUAL LOSS 2 04075'97 30 1 421.54C(B)(ii) PROPERTY H UNEMP. COMP. FRAUD -- 2 EMBEZZLEMENT -- $25,000 TO 3 UNDER $100,000 2 4 421.54C(B)(iii) PROPERTY G UNEMP. COMP. FRAUD -- EMBEZ- 5 ZLEMENT -- $100,000 OR MORE 5 6 421.54C(B)(iv) PROPERTY H UNEMP. COMP. FRAUD -- EMBEZ- 7 ZLEMENT -- NO ACTUAL LOSS 2 8 426.106 PROPERTY E MARKING OF LOGS AND TIMBER -- 9 FORGING 5 10 431.257 PUB TRST G RACING, BOXING & EXHIBITION 11 RACING 2 12 431.307(8) PUB TRST G HORSE RACING -- TESTIFYING 13 FALSELY TO COMMISSIONER 14 WHILE UNDER OATH 4 15 431.330(4) PUB TRST G HORSE RACING -- ADMINISTERING 16 A DRUG THAT COULD AFFECT 17 RACING CONDITION 5 18 431.332 PUB TRST G HORSE RACING -- INFLUENCING OR 19 ATTEMPTING TO INFLUENCE 20 RESULT OF RACE 5 21 432.30 PROPERTY G LOTTERY -- FORGERY OF TICKETS 5 22 432.218 PUB ORD D CASINO GAMING OFFENSES 10 23 436.33(2) PERSON D ALCOHOL -- SELLING TO A MINOR 24 CAUSING DEATH 10 25 436.46A PUB ORD H LIQUOR VIOLATION 1 26 436.50 PUB ORD H LIQUOR VIOLATION 1 27 438.41 PROPERTY E CRIMINAL USURY 5 28 440.9307(4) PROPERTY G FARMING -- ILLEGAL SALE OF 29 SECURED PRODUCTS 3 30 442.219 PUB TRST E SALES -- FALSE STATEMENT 5 31 443.50 PUB TRST E UNIFORM WAREHOUSE RECEIPTS ACT 32 -- ISSUANCE FOR GOODS NOT 33 RECEIVED 5 34 443.52 PUB TRST E UNIFORM WAREHOUSE RECEIPTS ACT 35 -- ISSUANCE OF DUPLICATE NOT 36 SO MARKED 5 04075'97 31 1 444.13 PUB TRST H WAREHOUSEMEN AND WAREHOUSE 2 RECEIPTS 2 3 444.107 PUB TRST E WAREHOUSE CERTIFICATES -- 4 WILLFULLY ALTER OR DESTROY 5 5 445.487(2) PUB ORD H P. GEM/METAL D. ACT -- FAIL 6 RECORD MATERIAL MATTER -- 7 SECOND OFFENSE 2 8 445.488(2) PUB ORD H P. GEM/METAL D. ACT -- GENERAL 9 DEALER VIOLATIONS -- SECOND 10 OFFENSE 2 11 445.489 PUB ORD H P. GEM/METAL D. ACT -- 12 FRAUD/ILLEGAL PURCHASE 2 13 445.490 PUB ORD H P. GEM/METAL D. ACT -- FAILURE 14 TO OBTAIN A CERTIFICATE OF 15 REGISTRATION 2 16 445.779 PUB ORD H MICHIGAN ANTITRUST REFORM ACT 17 -- PENALTY 2 18 445.1505 PUB TRST G FRANCHISE INVESTMENT LAW -- 19 FRAUDULENT FILING/OFFERS 7 20 445.1508 PUB TRST G FRANCHISE INVESTMENT LAW -- 21 SALE WITHOUT PROPER 22 DISCLOSURE 7 23 445.1513 PUB TRST G FRANCHISE INVESTMENT LAW -- 24 ILLEGAL OFFERS/SALES 7 25 445.1520 PUB TRST G FRANCHISE INVESTMENT LAW -- 26 KEEPING RECORDS 7 27 445.1521 PUB TRST G FRANCHISE INVESTMENT LAW -- 28 FALSE REPRESENTATION 7 29 445.1523 PUB TRST G FRANCHISE INVESTMENT LAW -- 30 FALSE STATEMENTS OF MATERIAL 31 FACT 7 32 445.1525 PUB TRST G FRANCHISE INVESTMENT LAW -- 33 FALSE ADVERTISING 7 34 445.1528 PUB TRST D PYRAMID/CHAIN PROMOTIONS -- 35 OFFER OR SELL 7 36 445.1671 PUB TRST E MORTGAGE BROKERS, LENDERS -- 37 KNOWINGLY GIVING A FALSE 38 STATEMENT 15 04075'97 32 1 445.1679 PUB TRST H MORTGAGE BROKERS ACT -- 2 GENERAL VIOLATIONS 3 3 450.775 PUB ORD H CORPORATIONS -- MINORITY AND 4 WOMAN OWNED BUSINESSES 2 5 450.795 PUB ORD H CORPORATIONS -- HANDICAPPER 6 BUSINESS OPPORTUNITY ACT 2 7 451.319 PUB TRST G SECURITIES, REAL ESTATE, AND 8 DEBT MANAGEMENT -- VIOLATION 2 9 451.434 PUB TRST H DEBT MANAGEMENT ACT -- 10 LICENSEE VIOLATIONS 2 11 451.501 PUB TRST E BLUE SKY LAWS -- FRAUDULENT 12 SCHEMES/STATEMENTS 10 13 451.502 PUB TRST E BLUE SKY LAWS -- INVESTMENT 14 ADVISOR/AGENT FRAUD 10 15 451.503 PUB TRST E BLUE SKY LAWS -- MAKE/SELL 16 FALSE BULLION/CERTIFICATES 10 17 451.601 PUB TRST E BLUE SKY LAWS -- UNREGISTERED 18 BROKER/DEALER/AGENT/ADVISOR 10 19 451.603(H) PUB TRST E BLUE SKY LAWS -- FAIL TO 20 NOTIFY ADMINISTRATOR OF 21 SANCTIONS 10 22 451.604(A)(1)(J) TO 23 (S) AND (V) TO (Z) PUB TRST E BLUE SKY LAWS -- VARIOUS 24 VIOLATIONS 10 25 451.701 PUB TRST E BLUE SKY LAWS -- OFFER/SELL 26 UNREGISTERED SECURITIES 10 27 451.802 PUB TRST E BLUE SKY LAWS -- UNLAWFULLY 28 SELLING SECURITIES 10 29 451.804 PUB TRST E BLUE SKY LAWS -- WILLFUL FALSE 30 STATEMENTS 10 31 451.805(B) PUB TRST E BLUE SKY LAWS -- FALSE REPRE- 32 SENTATION OF ADMINISTRATIVE 33 APPROVAL 10 34 451.806(B) PUB TRST E BLUE SKY LAWS -- IMPROPER DIS- 35 CLOSE BY COR. & SEC. BUR. 36 EMPLOYEE 10 37 462.257(1) PERSON A TRAINS -- ENDANGERING TRAVEL LIFE 04075'97 33 1 462.353(5) PUB SAF F OPERATING A LOCOMOTIVE -- 2 UNDER THE INFLUENCE 4 3 472.36 PUB SAF A STREET RAILWAYS -- OBSTRUCTION 4 OF TRACK LIFE 5 482.44 PROPERTY H BILLS OF LADING -- ISSUANCE 6 FOR GOODS NOT RECEIVED 5 7 482.46 PROPERTY H BILLS OF LADING -- ISSUANCE OF 8 DUPLICATE NOT SO MARKED 5 9 482.48 PROPERTY H BILLS OF LADING -- NEGOTIATION 10 WHEN GOODS NOT IN CARRIERS' 11 POSSESSION 5 12 482.49 PROPERTY H BILLS OF LADING -- INDUCING 13 CARRIER TO ISSUE WHEN GOODS 14 HAVE NOT BEEN RECEIVED 5 15 482.50 PROPERTY H BILLS OF LADING -- ISSUANCE OF 16 NON-NEGOTIABLE BILL NOT SO 17 MARKED 5 18 483.226 PUB TRST E OFFICER OF A PIPELINE COMPANY 19 -- INTENT TO DEFRAUD -- 20 STOCK 10 21 487.1505(6) PUB TRST E BIDCO ACT -- KNOWINGLY RECEIV- 22 ING MONEY OR PROPERTY AT AN 23 INTEREST RATE >25% 5 24 492.137(A) PUB TRST H INSTALLMENT SALES OF MOTOR 25 VEHICLES 3 26 493.56A(13) PUB TRST C FALSE STATEMENT IN REPORTS -- 27 SECONDARY MORTGAGE 15 28 493.77(2) PUB TRST H REGULATORY LOANS 3 29 SEC. 15. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 30 ENUMERATED IN CHAPTERS 500 TO 749 OF THE MICHIGAN COMPILED LAWS: 31 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 32 500.1325(3) PUB TRST E INSURANCE CODE -- KNOWINGLY 33 MISREPRESENTING FALSE FINAN- 34 CIAL CONDITION 5 35 500.1371 PUB TRST H HOLDING COMPANIES -- VIOLATION 2 04075'97 34 1 500.1505(2) PUB TRST C INSURANCE CODE -- LICENSE AND 2 REGULATORY VIOLATIONS 15 3 500.4511(1) PUB TRST F INSURANCE CODE -- FRAUDULENT 4 INSURANCE ACT 4 5 500.4511(2) PUB TRST D INSURANCE FRAUD -- AGREEMENT 6 OR CONSPIRACY TO COMMIT 10 7 500.5252(4) PROPERTY G INSURANCE -- IMPROPER PERSONAL 8 INTEREST IN TRANSACTIONS 5 9 500.7034(2) PUB TRST E OFFICER OF A MEWA KNOWINGLY 10 RECEIVE VALUABLES FOR SALE 11 PROPERTY OR LOAN 10 12 500.8197(2) PUB TRST C INSURANCE -- KNOWING OR WILL- 13 FUL FALSE STATEMENTS IN 14 APPLICATION FOR INSURANCE 15 15 500.8197(3) PROPERTY E CONSOLIDATION MERGER -- COM- 16 PENSATION OTHERWISE THAN 17 EXPRESSED IN CONTRACT 5 18 551.6 PERSON H MARRIAGE LICENSE -- MENTAL OR 19 VENEREAL DISEASE 5 20 554.836 PROPERTY E REAL AND PROPERTY -- LIVING 21 CARE DISCLOSURE ACT 7 22 565.371 PROPERTY G FRAUDULENT CONVEYANCES -- 23 RECORDING WITH INTENT TO 24 DECEIVE 3 25 565.827 PUB TRST E LAND SALES ACT -- FALSE OR 26 FRAUDULENT STATEMENT 10 27 570.152 PROPERTY G CONTRACTOR -- FRAUDULENT USE 28 OF BUILDING CONTRACT FUND 3 29 570.1110 PROPERTY F CONTRACTOR -- FALSE SWORN 30 STATEMENTS OVER $100 4 31 570.1207 PROPERTY G CONSTRUCTION LIENS -- FALSE 32 INFORMATION 4 33 600.908(8) PUB TRST E IMMUNITY TO WITNESS -- COMMIT- 34 TING PERJURY 15 35 600.2136 PUB TRST E LIBRARY RECORD, BOOK, PAPER -- 36 FALSE CERTIFICATION IN COURT 15 04075'97 35 1 600.2907A PROPERTY G RECORDING DOCUMENTS AFFECTING 2 PROPERTY WITHOUT LAWFUL 3 CAUSE 3 4 600.2916 PUB SAF G REVISED JUDICATURE ACT -- 5 LETHAL GASES FOR FUMIGATION 4 6 600.8713 PUB TRST G REVISED JUDICATURE ACT -- 7 FALSE STATEMENT BY AUTHO- 8 RIZED LOCAL OFFICIALS 15 9 600.8813 PUB TRST E LAW ENFORCEMENT OFFICER -- 10 KNOWINGLY MAKING FALSE 11 STATEMENT IN A CITATION 15 12 710.54(11) PUB TRST F OFFER TO GIVE OTHER CONSIDERA- 13 TION -- ADOPTION -- SUBSE- 14 QUENT VIOLATION 4 15 710.55(1) PUB TRST F ADOPTION -- PERSONS NOT AUTHO- 16 RIZED PLACING CHILD -- SUB- 17 SEQUENT VIOLATION 4 18 710.69 PERSON F MICHIGAN ADOPTION LAW -- 19 SECOND OFFENSE 4 20 711.1(8) PUB TRST E INTENTIONAL FALSE STATEMENT IN 21 PETITION FOR NAME CHANGE 15 22 722.633(5)(B) PERSON F INTENTIONAL FALSE REPORT OF 23 CHILD ABUSE CONSTITUTING A 24 FELONY 4 25 722.675 PUB ORD E DISTRIBUTING OBSCENE MATTER TO 26 CHILDREN 2 27 722.857 PERSON E SURROGATE PARENTING ACT -- 28 CONTRACTS INVOLVING MINORS, 29 MENTALLY RETARDED, ETC. 5 30 722.859(3) PERSON E SURROGATE PARENTING ACT -- 31 CONTRACTS FOR COMPENSATION 5 32 SEC. 16. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 33 ENUMERATED IN CHAPTER 750 OF THE MICHIGAN COMPILED LAWS: 34 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 35 750.11 PERSON A TAKING A WOMAN AND COMPELLING 36 HER TO MARRY LIFE 04075'97 36 1 750.12 PERSON H TAKING A WOMAN WITH INTENT TO 2 COMPEL HER TO MARRY 10 3 750.13 PERSON D ENTICING FEMALE UNDER 16 FOR 4 IMMORAL PURPOSES 10 5 750.14 PERSON C ABORTION RESULTING IN DEATH OF 6 FEMALE 15 7 750.14 PERSON G ABORTION 4 8 750.30 PUB ORD H ADULTERY 4 9 750.32 PUB ORD H COHABITATION OF DIVORCED 10 PARTIES 4 11 750.49(2)(A) TO (D) PUB ORD F FIGHTING ANIMALS OR PROVIDING 12 FACILITIES FOR ANIMAL FIGHTS 4 13 750.49(2)(E) PUB ORD F ORGANIZING OR PROMOTING ANIMAL 14 FIGHTS 4 15 750.49(2)(F) PUB ORD H ATTENDING ANIMAL FIGHT 4 16 750.49(2)(G) PUB ORD F BREEDING OR SELLING FIGHTING 17 ANIMALS 4 18 750.49(2)(H) PUB ORD F SELLING OR POSSESSING EQUIP- 19 MENT FOR ANIMAL FIGHTS 4 20 750.49(8) PERSON A INCITING FIGHTING ANIMAL 21 RESULTING IN DEATH LIFE 22 750.49(9) PERSON F INCITING FIGHTING ANIMAL TO 23 ATTACK 4 24 750.49(10) PERSON D FIGHTING ANIMAL ATTACKING 25 WITHOUT PROVOCATION AND 26 DEATH RESULTING 15 27 750.50(4) PUB ORD G ANIMAL NEGLECT OR CRUELTY -- 28 SECOND OFFENSE 2 29 750.50(4) PUB ORD F ANIMAL NEGLECT OR CRUELTY -- 30 THIRD OR SUBSEQUENT OFFENSE 4 31 750.50B(2) PROPERTY F KILLING OR TORTURING ANIMALS 4 32 750.50C(5) PUB ORD E KILLING OR CAUSING SERIOUS 33 PHYSICAL HARM TO LAW 34 ENFORCEMENT ANIMAL 5 04075'97 37 1 750.50C(7) PUB SAF H HARASSING OR CAUSING HARM TO 2 LAW ENFORCEMENT ANIMAL WHILE 3 COMMITTING CRIME 2 4 750.68 PROPERTY G CHANGING BRANDS WITH INTENT TO 5 STEAL 4 6 750.72 PERSON B ARSON OF A DWELLING HOUSE 20 7 750.73 PROPERTY D ARSON OF REAL PROPERTY 10 8 750.74 PERSON F ARSON OF PERSONAL PROPERTY 9 GREATER THAN $50 4 10 750.75 PROPERTY D ARSON OF INSURED PROPERTY 10 11 750.77 PERSON F PREPARING TO BURN PERSONAL 12 PROPERTY GREATER THAN $50 4 13 750.78 PUB SAF F ARSON OF WOODS AND PRAIRIES 4 14 750.79 PUB SAF F VIOLATING TOWNSHIP RULES CON- 15 CERNING CLEARING OF LAND AND 16 BURNING 4 17 750.80 PROPERTY D ARSON OF MINES LIFE 18 750.81(4) PERSON G DOMESTIC ASSAULT -- THIRD 19 OFFENSE 2 20 750.81A(3) PERSON G AGGRAVATED DOMESTIC ASSAULT -- 21 SECOND OFFENSE 2 22 750.82(1) PERSON F FELONIOUS ASSAULT 4 23 750.82(2) PERSON F FELONIOUS ASSAULT -- 24 WEAPON-FREE SCHOOL ZONE 4 25 750.83 PERSON A ASSAULT WITH INTENT TO MURDER LIFE 26 750.84 PERSON D ASSAULT WITH INTENT TO DO 27 GREAT BODILY HARM LESS THAN 28 MURDER 10 29 750.86 PERSON D ASSAULT WITH INTENT TO MAIM 10 30 750.87 PERSON D ASSAULT WITH INTENT TO COMMIT 31 A FELONY 10 32 750.88 PERSON C ASSAULT WITH INTENT TO COMMIT 33 UNARMED ROBBERY 15 34 750.89 PERSON A ASSAULT WITH INTENT TO COMMIT 35 ARMED ROBBERY LIFE 04075'97 38 1 750.90 PERSON D SEXUAL INTERCOURSE UNDER 2 PRETEXT OF MEDICAL TREATMENT 10 3 750.91 PERSON A ATTEMPTED MURDER LIFE 4 750.93 PROPERTY G REMOVING OR DESTROYING BONDS 5 IN STATE TREASURY 10 6 750.94 PROPERTY G ISSUING BANK NOTES WITHOUT 7 COMPLYING WITH REQUIREMENTS 10 8 750.95 PROPERTY G FRAUDULENT BANK NOTES 10 9 750.96 PROPERTY G FRAUDULENT DISPOSAL OF BANK 10 PROPERTY 4 11 750.97 PROPERTY H STATEMENTS DEROGATORY TO 12 FINANCIAL CONDITION OF BANK 4 13 750.98 PUB ORD G PRIVATE BANKING 4 14 750.99 PUB TRST G CERTIFYING CHECKS WITHOUT SUF- 15 FICIENT FUNDS 4 16 750.100 PUB TRST E BANKS -- CONDUCTING BUSINESS 17 WHEN INSOLVENT 5 18 750.101 PUB TRST E VIOLATING FINANCIAL INSTITU- 19 TIONS ACT 5 20 750.104 PROPERTY F FITTING BOAT WITH INTENT TO 21 DESTROY 4 22 750.105 PROPERTY G MAKING FALSE CARGO INVOICE FOR 23 BOAT 4 24 750.106 PROPERTY G BOATS -- MAKING OR PROCURING 25 FALSE PROTEST 4 26 750.110 PROPERTY D BREAKING AND ENTERING WITH 27 INTENT TO COMMIT FELONY OR 28 LARCENY 10 29 750.110A(4) PERSON B HOME INVASION -- FIRST DEGREE 20 30 750.110A(5) PERSON C HOME INVASION -- SECOND DEGREE 15 31 750.111 PROPERTY E ENTERING WITHOUT BREAKING WITH 32 INTENT TO COMMIT FELONY OR 33 LARCENY 5 34 750.112 PERSON A BURGLARY WITH EXPLOSIVES LIFE 04075'97 39 1 750.116 PROPERTY E POSSESSION OF BURGLAR'S TOOLS 10 2 750.117 PUB TRST F BRIBING PUBLIC OFFICER 4 3 750.118 PUB TRST D PUBLIC OFFICER ACCEPTING BRIBE 10 4 750.119 PUB TRST F BRIBING JURORS AND OTHERS 4 5 750.120 PUB TRST F JURORS AND OTHERS ACCEPTING 6 BRIBES 4 7 750.121 PUB TRST F BRIBING PUBLIC OFFICERS TO 8 INFLUENCE CONTRACT 4 9 750.124 PUB TRST G BRIBING ATHLETES 4 10 750.128 PUB ORD H BUCKET SHOPS 2 11 750.131(3)(A)(iv) PROPERTY H NSF CHECKS -- $50 OR LESS -- 12 FOURTH OFFENSE 13 MOS. 13 750.131(3)(B)(ii) PROPERTY H NSF -- CHECKS $50 TO 200 -- 14 THIRD OFFENSE 13 MOS. 15 750.131(3)(C) PROPERTY H NSF CHECKS -- OVER $200 13 MOS. 16 750.131A(1) PROPERTY H NO ACCOUNT CHECKS 2 17 750.131A(2) PROPERTY H NO ACCOUNT CHECKS -- THREE 18 WITHIN 10 DAYS 2 19 750.135 PERSON D EXPOSING CHILDREN WITH INTENT 20 TO INJURE OR ABANDON 10 21 750.136B(F)(2) PERSON C CHILD ABUSE -- FIRST DEGREE 15 22 750.136B(F)(3) PERSON F CHILD ABUSE -- SECOND DEGREE 4 23 750.136B(F)(4) PERSON G CHILD ABUSE -- THIRD DEGREE 2 24 750.145B PERSON F ACCOSTING CHILDREN FOR IMMORAL 25 PURPOSES -- SECOND OFFENSE 4 26 750.145C(2) PERSON B CHILD SEXUALLY ABUSIVE ACTIV- 27 ITY OR MATERIALS -- ACTIVE 28 INVOLVEMENT 20 29 750.145C(3) PERSON D CHILD SEXUALLY ABUSIVE ACTIV- 30 ITY OR MATERIALS -- DISTRIB- 31 UTING, PROMOTING, OR 32 FINANCING 7 33 750.145N(1) PERSON C VULNERABLE ADULT ABUSE -- 34 FIRST DEGREE 15 04075'97 40 1 750.145N(2) PERSON F VULNERABLE ADULT ABUSE -- 2 SECOND DEGREE 4 3 750.145N(3) PERSON G VULNERABLE ADULT ABUSE -- 4 THIRD DEGREE 2 5 750.145O PERSON E DEATH OF VULNERABLE ADULT 6 CAUSED BY UNLICENSED 7 CARETAKER 5 8 750.145P(1) PERSON G VULNERABLE ADULTS -- COMMINGL- 9 ING FUNDS, OBSTRUCTING 10 INVESTIGATION, OR FILING 11 FALSE INFORMATION 2 12 750.145P(2) PERSON G RETALIATION OR DISCRIMINATION 13 BY CAREGIVER AGAINST VULNER- 14 ABLE ADULT 2 15 750.145P(5) PERSON E VULNERABLE ADULTS -- CAREGIVER 16 VIOLATIONS -- SECOND OFFENSE 5 17 750.147B PERSON G ETHNIC INTIMIDATION 2 18 750.149 PUB SAF F CONCEALING AN OFFENSE PUNISH- 19 ABLE BY LIFE 4 20 750.157A(B) PUB ORD H CONSPIRACY -- GAMBLING 5 21 750.157A(D) PUB ORD G CONSPIRACY TO COMMIT LEGAL ACT 22 IN ILLEGAL MANNER 5 23 750.157B(2) PERSON A SOLICITATION OF MURDER LIFE 24 750.157B(3)(A) PUB ORD E SOLICITATION OF FELONY PUNISH- 25 ABLE BY LIFE OR 5 OR MORE 26 YEARS 5 27 750.157B(3)(B) PUB ORD G SOLICITATION OF FELONY PUNISH- 28 ABLE BY LESS THAN 5 YEARS 2 29 750.157N(1) PROPERTY H FINANCIAL TRANSACTION DEVICE 30 -- STEALING, RETAINING, OR 31 USING WITHOUT CONSENT 4 32 750.157N(2) PROPERTY H POSSESSING FRAUDULENT OR 33 ALTERED FINANCIAL TRANSAC- 34 TION DEVICE 4 35 750.157P PROPERTY H POSSESSING FINANCIAL TRANSAC- 36 TION DEVICE WITHOUT PERMIS- 37 SION AND WITH INTENT TO USE 38 OR SELL 4 04075'97 41 1 750.157Q PROPERTY H DELIVERY OR SALE OF FRAUDULENT 2 FINANCIAL TRANSACTION DEVICE 4 3 750.157R PROPERTY H FINANCIAL TRANSACTION DEVICE 4 -- FORGERY, ALTERATION, OR 5 COUNTERFEITING 4 6 750.157S PROPERTY H USE OF REVOKED OR CANCELED 7 FINANCIAL TRANSACTION DEVICE 8 OVER $100 1 9 750.157T PROPERTY H FURNISHING GOODS OR SERVICES 10 TO PERSON COMMITTING VIOLA- 11 TION WITH FINANCIAL TRANSAC- 12 TION DEVICE 4 13 750.157U PROPERTY H OVERCHARGING PERSON USING 14 FINANCIAL TRANSACTION DEVICE 4 15 750.157V PROPERTY H FALSE STATEMENT OF IDENTITY TO 16 OBTAIN FINANCIAL TRANSACTION 17 DEVICE 4 18 750.157W PROPERTY H FRAUDULENTLY WITHDRAWING OR 19 TRANSFERRING MORE THAN $500 20 WITH FINANCIAL TRANSACTION 21 DEVICE 4 22 750.158 PUB ORD E SODOMY 15 23 750.159J PUB SAF B RACKETEERING 20 24 750.160 PUB ORD D DISINTERRING OR MUTILATING 25 DEAD HUMAN BODIES 10 26 750.160A PUB ORD H PHOTOGRAPHING DEAD HUMAN 27 BODIES 2 28 750.161 PUB ORD G DESERTION/ABANDONMENT/NON- 29 SUPPORT 3 30 750.164 PUB ORD F DESERTION TO ESCAPE 31 PROSECUTION 4 32 750.165 PUB ORD F FAILING TO PAY SUPPORT AND 33 LEAVING STATE 4 34 750.171 PERSON E DUELLING 10 35 750.174 PROPERTY D EMBEZZLEMENT BY AGENT OVER 36 $100 10 37 750.175 PUB TRST D EMBEZZLEMENT BY PUBLIC 38 OFFICIAL OVER $50 10 04075'97 42 1 750.176 PUB TRST E EMBEZZLEMENT BY ADMIN- 2 ISTRATOR/EXECUTOR/GUARDIAN 10 3 750.177 PROPERTY H EMBEZZLEMENT BY CHATTEL MORT- 4 GAGOR OVER $100 2 5 750.178 PROPERTY G EMBEZZLEMENT OF MORTGAGED OR 6 LEASED PROPERTY -- OVER $100 2 7 750.179 PROPERTY G EMBEZZLEMENT OF RAILROAD 8 TICKETS 4 9 750.180 PROPERTY D EMBEZZLEMENT BY FINANCIAL 10 INSTITUTIONS 20 11 750.181 PROPERTY E EMBEZZLEMENT OF JOINTLY HELD 12 PROPERTY OVER $100 10 13 750.182 PROPERTY G EMBEZZLEMENT BY WAREHOUSES 4 14 750.182A PUB TRST H FALSIFYING SCHOOL RECORDS 2 15 750.183 PUB SAF E AIDING ESCAPING PRISONER 7 16 750.186A(1) PUB SAF F ESCAPE FROM A JUVENILE 17 FACILITY 4 18 750.189 PUB SAF H OFFICER NEGLIGENTLY ALLOWING 19 PRISONER TO ESCAPE OR REFUS- 20 ING TO RECEIVE PRISONER 2 21 750.190 PUB SAF G OFFICER RECEIVING REWARD TO 22 ASSIST OR PERMIT ESCAPE 2 23 750.193 PUB SAF E ESCAPE FROM PRISON 5 24 750.195(1) PUB SAF H ESCAPE FROM A MISDEMEANOR JAIL 25 SENTENCE 2 26 750.195(2) PUB SAF F ESCAPE FROM A FELONY JAIL 27 SENTENCE 4 28 750.197(1) PUB SAF H ESCAPE WHILE AWAITING TRIAL 29 FOR MISDEMEANOR 2 30 750.197(2) PUB SAF F ESCAPE WHILE AWAITING TRIAL 31 FOR FELONY 4 32 750.197C PUB SAF F ESCAPE FROM JAIL THROUGH 33 VIOLENCE 4 34 750.199A PUB ORD F ABSCONDING ON OR FORFEITING 35 BOND 4 04075'97 43 1 750.200 PUB SAF F EXPLOSIVES -- TRANSPORT BY 2 COMMON CARRIERS 4 3 750.201 PUB SAF F TRANSPORTATION OF CONCUSSION 4 OR FRICTION TYPE EXPLOSIVES 4 5 750.202 PUB SAF F SHIPPING EXPLOSIVES WITH FALSE 6 MARKINGS OR INVOICE 4 7 750.204 PUB SAF E SENDING EXPLOSIVES WITH INTENT 8 TO INJURE PERSONS 5 9 750.204A PUB SAF F SENDING OR TRANSPORTING IMITA- 10 TION EXPLOSIVE DEVICE WITH 11 MALICIOUS INTENT 4 12 750.205 PUB SAF C PLACING EXPLOSIVES WITH THE 13 INTENT TO DESTROY PROPERTY 15 14 750.205A PUB SAF F INTIMIDATION OR HARASSMENT BY 15 DEVICE REPRESENTED AS AN 16 EXPLOSIVE 4 17 750.206 PERSON B PLACING EXPLOSIVES WITH DAMAGE 18 TO PROPERTY RESULTING 25 19 750.208 PUB SAF C AIDING OR ABETTING EXPLOSIVES 20 PLACEMENT WITH INTENT TO 21 DESTROY PROPERTY 15 22 750.209 PUB SAF C PLACING FOUL OR OFFENSIVE SUB- 23 STANCE TO INJURE 15 24 750.209 PUB SAF F PLACING FOUL OR OFFENSIVE SUB- 25 STANCE TO ALARM 4 26 750.210 PUB SAF E POSSESSION OF BOMBS WITH 27 UNLAWFUL INTENT 5 28 750.210A PUB SAF H SALE OF VALERIUM 5 29 750.211 PUB SAF E MANUFACTURE OF EXPLOSIVES WITH 30 UNLAWFUL INTENT 5 31 750.211A PUB SAF F POSSESSING OR MANUFACTURING 32 DEVICE DESIGNED TO EXPLODE 33 UPON IMPACT OR HEATING 4 34 750.213 PERSON B THREATS TO EXTORT MONEY 20 35 750.218 PROPERTY E FALSE PRETENSES OVER $100 10 04075'97 44 1 750.219A(2)(C) PROPERTY E TELECOMMUNICATIONS FRAUD -- 2 2 PRIOR CONVICTIONS OR VALUE 3 BETWEEN $1,000-$20,000 5 4 750.219A(2)(D) PROPERTY D TELECOMMUNICATIONS FRAUD -- 3 5 OR MORE PRIOR CONVICTIONS OR 6 VALUE OVER OF $20,000 10 7 750.223(2) PUB SAF F SALE OF FIREARM TO MINOR -- 8 SECOND OFFENSE 4 9 750.223(3) PUB ORD D SALE OF FIREARM TO PERSON PRO- 10 HIBITED FROM POSSESSING 10 11 750.224 PUB SAF E MANUFACTURE OR SALE OF 12 SILENCER, BOMB, BLACKJACK, 13 AUTOMATIC WEAPON, GAS SPRAY, 14 ETC. 5 15 750.224A PUB SAF F POSSESSION OR SALE OF ELECTRI- 16 CAL CURRENT WEAPONS 4 17 750.224B PUB SAF E POSSESSION OF SHORT BARRELED 18 SHOTGUN OR RIFLE 5 19 750.224C PUB SAF F ARMOR PIERCING AMMUNITION 4 20 750.224D(2) PERSON G USING SELF-DEFENSE SPRAY 21 DEVICE 2 22 750.224E PUB SAF F MANUFACTURE/SALE/POSSESSION OF 23 DEVICES TO CONVERT SEMIAUTO- 24 MATIC WEAPONS 4 25 750.224F PUB SAF E POSSESSION OR SALE OF FIREARM 26 BY FELON 5 27 750.226 PUB SAF E CARRYING FIREARM OR DANGEROUS 28 WEAPON WITH UNLAWFUL INTENT 5 29 750.227 PUB SAF E CARRYING A CONCEALED WEAPON 5 30 750.227A PUB SAF F UNLAWFUL POSSESSION OF PISTOL 4 31 750.227C PUB SAF G POSSESSING A LOADED FIREARM IN 32 OR UPON A VEHICLE 2 33 750.227F PUB SAF F WEARING BODY ARMOR DURING COM- 34 MISSION OF VIOLENT CRIME 4 35 750.230 PUB SAF G ALTERING ID MARK ON FIREARM 2 36 750.232A(3) PUB SAF G FALSE STATEMENT IN A PISTOL 37 APPLICATION 4 04075'97 45 1 750.234A PUB SAF F DISCHARGING FIREARM FROM 2 VEHICLE 4 3 750.234B PUB SAF F DISCHARGING FIREARM IN OR AT A 4 BUILDING 4 5 750.234C PUB SAF F DISCHARGING FIREARM AT 6 EMERGENCY/POLICE VEHICLE 4 7 750.236 PERSON C SETTING SPRING GUN -- DEATH 8 RESULTING 15 9 750.237A(1) PUB SAF F WEAPON-FREE SCHOOL ZONES -- 10 GENERAL FELONY VIOLATIONS VARIABLE 11 750.241(1) PUB SAF F OBSTRUCTING FIREFIGHTER 4 12 750.241(3) PUB SAF F OBSTRUCTING PUBLIC SERVICE 13 FACILITY PERSONNEL IN CIVIL 14 DISTURBANCE 4 15 750.248 PROPERTY E FORGERY 14 16 750.248A PROPERTY F UTTERING & PUBLISHING FINAN- 17 CIAL TRANSACTION DEVICE 4 18 750.249 PROPERTY E UTTERING & PUBLISHING FORGED 19 RECORDS 14 20 750.249A PROPERTY H MOLDS OR DIES TO FORGE FINAN- 21 CIAL TRANSACTION DEVICE 4 22 750.250 PROPERTY E FORGERY OF TREASURY NOTES 7 23 750.251 PROPERTY E FORGERY OF BANK BILLS 7 24 750.252 PROPERTY E POSSESSING COUNTERFEIT NOTES 7 25 750.253 PROPERTY G UTTERING COUNTERFEIT NOTES 5 26 750.254 PROPERTY E POSSESSION OF COUNTERFEIT 27 NOTES OR BILLS 5 28 750.255 PROPERTY E POSSESSION OF COUNTERFEITING 29 TOOLS 10 30 750.260 PROPERTY E COUNTERFEITING COINS OR POS- 31 SESSION OF 5 OR MORE COUN- 32 TERFEIT COINS LIFE 33 750.261 PROPERTY E POSSESSION OF 5 OR FEWER COUN- 34 TERFEIT COINS 10 04075'97 46 1 750.262 PROPERTY E MANUFACTURE OR POSSESSION OF 2 TOOLS TO COUNTERFEIT COINS 10 3 750.266 PROPERTY G COUNTERFEITING RAILROAD 4 TICKETS 4 5 750.271 PROPERTY E FRAUDULENTLY ISSUING OR SELL- 6 ING DOMESTIC SECURITIES 10 7 750.272 PROPERTY G SALE OF FRAUDULENT STOCK OF 8 FOREIGN CORPORATIONS 10 9 750.273 PROPERTY E OBTAINING SIGNATURE TO FINAN- 10 CIAL DOCUMENT WITH INTENT TO 11 DEFRAUD 10 12 750.274 PROPERTY E FRAUD -- PURCHASING/COLLECTING 13 ON FRAUDULENT FINANCIAL 14 DOCUMENT 10 15 750.276 PROPERTY G FRAUD -- PROMISE TO VENDEE OF 16 GRAIN AT FICTITIOUS PRICE 4 17 750.277 PUB TRST G PROMISE TO VENDEE OF GRAIN TO 18 SELL AT A FICTITIOUS PRICE 19 -- SALE AND TRANSFER 4 20 750.278 PROPERTY G FRAUD -- WAREHOUSE RECEIPTS 5 21 750.279 PROPERTY G FRAUD -- DISPOSITION OF 22 EXHAUSTED PROPERTY 4 23 750.280 PROPERTY E GROSS FRAUDS/CHEATS AT COMMON 24 LAW 10 25 750.282 PUB ORD G PUBLIC UTILITY -- FRAUDULENT 26 USE OVER $500 4 27 750.300 PUB ORD G ANIMALS -- KILLING/INJURING TO 28 DEFRAUD INSURANCE COMPANY 2 29 750.300A(1)(A) PROPERTY G FOOD STAMP FRAUD -- $250 OR 30 LESS -- SECOND OFFENSE 5 31 750.300A(1)(A) PROPERTY G FOOD STAMP FRAUD -- $250 OR 32 LESS -- THIRD OFFENSE 10 33 750.300A(1)(B) PROPERTY E FOOD STAMP FRAUD -- MORE THAN 34 $250 TO $1,000 5 35 750.300A(1)(B) PROPERTY E FOOD STAMP FRAUD -- MORE THAN 36 $250 TO $1,000 -- SECOND 37 OFFENSE 10 04075'97 47 1 750.300A(1)(C) PROPERTY E FOOD STAMP FRAUD -- OVER 2 $1,000 10 3 750.303 PUB ORD H GAMBLING -- VIOLATIONS 2 4 750.313 PUB ORD H GAMBLING -- 5 STOCKS/BONDS/COMMODITIES 2 6 750.317 PERSON M2 SECOND DEGREE MURDER LIFE 7 750.321 PERSON C MANSLAUGHTER 15 8 750.322 PERSON C WILLFUL KILLING OF UNBORN 9 QUICK CHILD 15 10 750.323 PERSON C ABORTION RESULTING IN DEATH 15 11 750.324 PERSON G NEGLIGENT HOMICIDE 2 12 750.327 PERSON A HOMICIDE -- DEATH BY 13 EXPLOSIVES/COMMON CARRIER LIFE 14 750.328 PERSON A HOMICIDE -- BY EXPLOSIVES IN 15 OR NEAR BUILDING LIFE 16 750.329 PERSON C HOMICIDE -- WEAPON AIMED WITH 17 INTENT BUT NOT MALICE 15 18 750.332 PROPERTY H ENTERING HORSE IN RACE UNDER 19 FALSE NAME 4 20 750.335A PERSON A INDECENT EXPOSURE BY SEXUALLY 21 DELINQUENT PERSON LIFE 22 750.338 PUB ORD G GROSS INDECENCY BETWEEN MALES 5 23 750.338A PUB ORD G GROSS INDECENCY BETWEEN 24 FEMALES 5 25 750.338B PUB ORD G GROSS INDECENCY BETWEEN MALES 26 AND FEMALES 5 27 750.348 PUB SAF H INCITING INDIANS TO VIOLATE A 28 TREATY 4 29 750.349 PERSON A KIDNAPPING LIFE 30 750.349A PERSON A PRISONER TAKING A HOSTAGE LIFE 31 750.350 PERSON A KIDNAPPING -- CHILD ENTICEMENT LIFE 32 750.350A PERSON H KIDNAPPING -- CUSTODIAL 33 INTERFERENCE 1 04075'97 48 1 750.356 PROPERTY E LARCENY OVER $100 5 2 750.356A PROPERTY G LARCENY FROM A MOTOR VEHICLE 5 3 750.356B PROPERTY G BREAKING AND ENTERING A COIN 4 TELEPHONE 4 5 750.356C PROPERTY H RETAIL FRAUD -- FIRST DEGREE 2 6 750.357 PERSON D LARCENY FROM THE PERSON 10 7 750.357A PROPERTY G LARCENY OF LIVESTOCK 4 8 750.357B PROPERTY E LARCENY -- STEALING FIREARMS 9 OF ANOTHER 5 10 750.358 PROPERTY G LARCENY FROM BURNING BUILDING 5 11 750.360 PROPERTY G LARCENY IN A BUILDING 4 12 750.361 PROPERTY H TRAINS -- STEALING/MALICIOUSLY 13 REMOVING PARTS 2 14 750.362 PROPERTY E LARCENY BY CONVERSION O/$100 5 15 750.362A PROPERTY H LARCENY OF RENTAL PROPERTY 2 16 750.363 PROPERTY E LARCENY BY FALSE PERSONATION 17 OVER $100 5 18 750.365 PERSON D LARCENY FROM CAR OR PERSONS 19 DETAINED OR INJURED BY 20 ACCIDENT 20 21 750.366 PROPERTY G LARCENY OF RAILROAD TICKETS 4 22 750.367 PROPERTY G LARCENY OF TREES & SHRUBS OVER 23 $100 5 24 750.367B PROPERTY E AIRPLANES -- TAKING POSSESSION 5 25 750.372 PUB ORD H LOTTERY -- RUNNING/ALLOWING 2 26 750.373 PUB ORD H LOTTERY -- SELLING/POSSESSING 27 TICKETS 2 28 750.374 PUB ORD H LOTTERY -- SECOND OFFENSE 4 29 750.377A PROPERTY G MALICIOUS DESTRUCTION OF PER- 30 SONAL PROPERTY OVER $100 4 31 750.377B PROPERTY F MALICIOUS DESTRUCTION OF 32 FIRE/POLICE PROPERTY 4 04075'97 49 1 750.377C PROPERTY E SCHOOL BUS -- INTENTIONAL 2 DAMAGE 5 3 750.378 PROPERTY F MALICIOUS DESTRUCTION OF PROP- 4 ERTY -- DAMS/CANALS/ MILLS 4 5 750.379 PROPERTY F MALICIOUS DESTRUCTION OF PROP- 6 ERTY -- BRIDGES/ 7 RAILROADS/LOCKS 4 8 750.380 PROPERTY F MALICIOUS DESTRUCTION OF 9 BUILDING OVER $100 4 10 750.383A PROPERTY F MALICIOUS DESTRUCTION OF UTIL- 11 ITY EQUIPMENT 4 12 750.386 PROPERTY E MALICIOUS DESTRUCTION OF MINE 13 PROPERTY 20 14 750.387 PROPERTY G MALICIOUS DESTRUCTION OF TOMBS 15 & MEMORIALS 5 16 750.392 PROPERTY E MALICIOUS DESTRUCTION OF PROP- 17 ERTY -- VESSELS 10 18 750.397 PERSON D MAYHEM 10 19 750.397A PERSON D PLACING HARMFUL OBJECTS IN 20 FOOD 10 21 750.405 PUB SAF E INCITING SOLDIERS TO DESERT 5 22 750.406 PUB SAF E MILITARY STORES -- LARCENY, 23 EMBEZZLEMENT OR DESTRUCTION 5 24 750.410A PERSON G CONSPIRACY TO COMMIT A PERSON 25 TO STATE HOSPITAL UNJUSTLY 4 26 750.411A(1)(B) PUB ORD F FALSE REPORT OF A FELONY 4 27 750.411A(2) PUB ORD F FALSE REPORT OF A BOMBING OR 28 THREAT TO BOMB 4 29 750.411B PUB TRST G EXCESS FEES TO MEMBERS OF 30 LEGISLATURE 4 31 750.411H(2)(B) PERSON E STALKING OF A MINOR 5 32 750.411I(3)(A) PERSON E AGGRAVATED STALKING 5 04075'97 50 1 750.411I(3)(B) PERSON D AGGRAVATED STALKING OF A MINOR 10 2 750.411l PUB ORD H MONEY LAUNDERING -- FOURTH 3 DEGREE 2 4 750.411M PUB ORD E MONEY LAUNDERING -- THIRD 5 DEGREE 5 6 750.411N PUB ORD D MONEY LAUNDERING -- SECOND 7 DEGREE 10 8 750.411O PUB ORD B MONEY LAUNDERING -- FIRST 9 DEGREE 20 10 750.411P(2)(A) PROPERTY B MONEY LAUNDERING -- $10,000+ 11 PROCEEDS FROM CONTROLLED 12 SUBSTANCE OFFENSE 20 13 750.411P(2)(B) PROPERTY D MONEY LAUNDERING -- PROCEEDS 14 FROM CONTR. SUB. OFFENSE OR 15 OTHER $10,000+ 10 16 750.411P(2)(C) PROPERTY E MONEY LAUNDERING -- TRANSAC- 17 TIONS INVOLVING REPRESENTED 18 PROCEEDS 5 19 750.413 PROPERTY E UNLAWFUL DRIVING AWAY OF AN 20 AUTOMOBILE 5 21 750.414 PROPERTY H UNLAWFUL USE OF AN AUTOMOBILE 2 22 750.415(2) PROPERTY G MOTOR VEHICLES -- 23 CONCEAL/MISREPRESENT IDEN- 24 TITY W/INTENT TO MISLEAD 4 25 750.417 PROPERTY H MOTOR VEHICLE -- MORTGAGED -- 26 REMOVAL FROM STATE 4 27 750.418 PROPERTY H REMOVING A VEHICLE OUT OF 28 STATE -- CONDITIONAL 29 CONTRACT -- W/O CONSENT OF 30 VENDOR 4 04075'97 51 1 750.420 PUB SAF H MOTOR VEHICLE -- EQUIPPING TO 2 RELEASE SMOKE/GAS 4 3 750.421 PUB SAF H MOTOR VEHICLE -- DESIGNED FOR 4 ATTACK 5 5 750.421B PUB SAF H HINDER TRANSPORT OF 6 FARM/COMMERCIAL PRODUCTS -- 7 SECOND OFFENSE 2 8 750.422 PUB TRST G PERJURY -- COMMITTED IN 9 COURT/CAPITAL CRIME LIFE 10 750.422 PUB TRST G PERJURY -- COMMITTED IN 11 COURT/NONCAPITAL CRIME 15 12 750.423 PUB TRST E PERJURY 15 13 750.424 PUB TRST E SUBORNATION OF PERJURY 15 14 750.425 PUB TRST E INCITING OR PROCURING PERJURY 5 15 750.436(1) PERSON E POISONING FOOD/DRINK/WELLS 5 16 750.436(2) PERSON A POISON -- 17 FOOD/DRINK/MEDICINE/WELLS -- 18 LARGE AMOUNTS/INJURY LIFE 19 750.436(3) PUB SAF H POISON -- MALICIOUS FALSE 20 STATEMENT OF POISONING 2 21 750.439 PUB ORD G POLYGAMY 4 22 750.440 PUB ORD G POLYGAMY -- KNOWINGLY ENTERING 23 A PROHIBITED MARRIAGE 4 24 750.441 PUB ORD G TEACHING OR ADVOCATING 25 POLYGAMY 4 04075'97 52 1 750.442 PUB ORD G PARTICIPATING IN PRIZEFIGHTS 4 2 750.443 PUB ORD G PRIZEFIGHTS -- TRAINING 4 3 750.451 PUB ORD G PROSTITUTION -- VARIOUS 4 OFFENSES THIRD OFFENSE 2 5 750.452 PUB ORD E KEEPING A HOUSE OF 6 PROSTITUTION 5 7 750.455 PUB ORD G PANDERING 20 8 750.456 PERSON B PLACING SPOUSE INTO 9 PROSTITUTION 20 10 750.457 PUB ORD G ACCEPTING EARNINGS OF A 11 PROSTITUTE 20 12 750.458 PERSON B PROSTITUTION -- DETAINING 13 FEMALE FOR DEBT 20 14 750.459 PERSON B TRANSPORTING A FEMALE FOR 15 PROSTITUTION 20 16 750.479 PERSON G RESISTING OR OBSTRUCTING A 17 PEACE OFFICER 2 18 750.479A(2) PUB SAF G FLEEING & ELUDING -- FOURTH 19 DEGREE 2 20 750.479A(3) PUB SAF E FLEEING & ELUDING -- THIRD 21 DEGREE 5 22 750.479A(4) PERSON D FLEEING & ELUDING -- SECOND 23 DEGREE 10 24 750.479A(5) PERSON C FLEEING & ELUDING -- FIRST 25 DEGREE 15 04075'97 53 1 750.479A(6) PERSON H ASSAULTING PEACE OFFICER 2 2 750.479B(1) PERSON F DISARMING PEACE OFFICER -- 3 NON-FIREARM 4 4 750.479B(2) PERSON D DISARMING PEACE OFFICER- 5 FIREARM 10 6 750.480 PUB TRST F PUBLIC OFFICERS -- REFUSING TO 7 TURN OVER BOOKS/MONEY TO 8 SUCCESSOR 4 9 750.488 PUB TRST H PUBLIC OFFICERS -- STATE OFFI- 10 CIAL -- RETAINING FEES 2 11 750.490 PUB TRST H PUBLIC MONEY -- SAFE KEEPING 2 12 750.491 PUB TRST H PUBLIC RECORDS -- 13 REMOVAL/MUTILATION/DESTRUCTION 14 2 15 750.492A(1)(A) PUB TRST G MEDICAL RECORD -- INTENTIONAL 16 PLACE FALSE INFO -- HEALTH 17 CARE PROVIDER 4 18 750.492A(2) PUB TRST G MEDICAL RECORD -- HEALTH CARE 19 PROVIDER ALTER CONCEAL 20 INJURY/DEATH 4 21 750.495A(2) PERSON F CONCEALING OBJECTS IN TREES OR 22 WOOD PRODUCTS -- CAUSING 23 INJURY 4 24 750.495A(3) PERSON C CONCEALING OBJECTS IN TREES OR 25 WOOD PRODUCTS -- CAUSING 26 DEATH 15 27 750.505 PUB ORD E COMMON LAW OFFENSES 5 28 750.511 PERSON A RAILROADS -- BLOCKING/WRECKING 29 TRACK LIFE 04075'97 54 1 750.512 PROPERTY E RAILROADS -- UNCOUPLING CARS 2 (WILLFUL AND MALICIOUS) 10 3 750.513 PROPERTY H RAILROADS -- ISSUING FRAUDU- 4 LENT SECURITIES 10 5 750.514 PROPERTY H RAILROADS -- SEIZING LOCOMO- 6 TIVE WITH MAIL CAR 10 7 750.516 PERSON C RAILROADS -- STOPPING TRAIN TO 8 ROB LIFE 9 750.517 PERSON C RAILROADS -- BOARDING TRAIN TO 10 ROB LIFE 11 750.520B PERSON A FIRST DEGREE CRIMINAL SEXUAL 12 CONDUCT LIFE 13 750.520C PERSON C SECOND DEGREE CRIMINAL SEXUAL 14 CONDUCT 15 15 750.520D PERSON C THIRD DEGREE CRIMINAL SEXUAL 16 CONDUCT 15 17 750.520E PERSON G FOURTH DEGREE CRIMINAL SEXUAL 18 CONDUCT 2 19 750.520G(1) PERSON D ASSAULT WITH INTENT TO COMMIT 20 SEXUAL PENETRATION 10 21 750.520G(2) PERSON E ASSAULT WITH INTENT TO COMMIT 22 SEXUAL CONTACT 5 23 750.528 PUB SAF F DESTROYING DWELLING HOUSE OR 24 OTHER PROPERTY 4 25 750.528A PUB SAF F CIVIL DISORDERS -- 26 FIREARMS/EXPLOSIVES 4 27 750.529 PERSON A ARMED ROBBERY LIFE 04075'97 55 1 750.529A PERSON A CARJACKING LIFE 2 750.530 PERSON C UNARMED ROBBERY 15 3 750.531 PERSON C BANK ROBBERY/SAFEBREAKING LIFE 4 750.532 PERSON H SEDUCTION 5 5 750.535 PROPERTY E RECEIVING OR CONCEALING STOLEN 6 PROPERTY OVER $100 5 7 750.535A PUB ORD E OPERATING A CHOP SHOP 5 8 750.535B PUB SAF E STOLEN FIREARMS OR AMMUNITION 10 9 750.539C PUB ORD H EAVESDROPPING 2 10 750.539D PUB ORD H EAVESDROPPING -- INSTALLING 11 DEVICE 2 12 750.539E PUB ORD H DIVULGING INFORMATION OBTAINED 13 BY EAVESDROPPING 2 14 750.539F PUB ORD H EAVESDROPPING -- 15 MANUFACTURE/POSSESSION OF 16 DEVICE 2 17 750.540 PUB ORD H TELEPHONE -- TAPPING/CUTTING 18 LINES 2 19 750.540C(3) PROPERTY F TELECOMMUNICATIONS & COMPUTER 20 -- MANUFACTURE OR DELIVER 21 COUNTERFEIT COMMUNICATIONS 4 22 750.540F(2) PROPERTY E TELECOMMUNICATIONS & COMPUTER 23 -- KNOWINGLY PUBLISHING 24 COUNTERFEIT DEVISES -- 25 SECOND CONVICTION 5 04075'97 56 1 750.540G(1)(C) PROPERTY E TELECOMMUNICATIONS -- 2 DIVERTING VALUE 3 $1,000-$20,000 OR PRIORS 5 4 750.540G(1)(D) PROPERTY D TELECOMMUNICATIONS -- DIVERT- 5 ING VALUE >$20,000 OR PRIORS 10 6 750.545 PUB ORD E MISPRISION OF TREASON 5 7 750.552B PROPERTY F TRESPASSING ON CORRECTIONAL 8 FACILITY PROPERTY 4 9 SEC. 17. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES 10 ENUMERATED IN CHAPTERS 751 TO 830 OF THE MICHIGAN COMPILED LAWS: 11 M.C.L. CATEGORY CLASS DESCRIPTION STAT MAX 12 752.191 PUB SAF G FELONIOUS DRIVING 2 13 752.365(3) PUB ORD G OBSCENITY -- SECOND OFFENSE 2 14 752.541 PUB SAF D RIOT 10 15 752.542 PUB SAF D INCITEMENT TO RIOT 10 16 752.542A PUB SAF D RIOT IN STATE CORRECTIONAL 17 FACILITIES 10 18 752.543 PUB SAF G UNLAWFUL ASSEMBLY 5 19 752.701 PROPERTY H DESTRUCTION OR REMOVAL OF 20 TIMBER 1 21 752.797(1)(C) PROPERTY E COMPUTER FRAUD -- 2 PRIOR CON- 22 VICTIONS OR VALUE BETWEEN 23 $1,000 AND $20,000 5 24 752.797(1)(D) PROPERTY D COMPUTER FRAUD -- 3 OR MORE 25 PRIOR CONVICTIONS OR VALUE 26 OVER $20,000 10 27 752.802 PROPERTY H VENDING MACHINES -- 28 MANUFACTURE/SALE OF SLUGS 5 29 752.811 PROPERTY H BREAKING AND ENTERING A COIN 30 OPERATED DEVICE 3 04075'97 57 1 752.861 PERSON G CARELESS DISCHARGE OF FIREARM 2 CAUSING INJURY OR DEATH 2 3 752.881 PERSON G RECKLESS USE OF BOW & ARROW 4 RESULTING IN INJURY OR DEATH 2 5 752.1003 PROPERTY F HEALTH CARE FRAUD -- FALSE 6 CLAIM/STATE, UNNECESSARY, 7 CONCEAL INFO 4 8 752.1004 PROPERTY F HEALTH CARE FRAUD -- 9 KICKBACKS/REFERRAL FEES 4 10 752.1005 PROPERTY H HEALTH CARE FRAUD -- 11 CONSPIRACY 10 12 752.1006 PROPERTY D HEALTH CARE FRAUD -- SECOND 13 OFFENSE 20 14 752.1027 PERSON F ASSISTED SUICIDE 4 15 752.1054(2) PROPERTY G COPYING AUDIO/VIDEO RECORDINGS 16 FOR GAIN 5 17 764.1E PUB TRST C PEACE OFFICER -- FALSE STATE- 18 MENT IN A COMPLAINT 15 19 767.4A PUB TRST F DISCLOSING OR POSSESSING GRAND 20 JURY INFORMATION 4 21 800.281(1) PUB SAF H FURNISHING PRISONER WITH 22 CONTRABAND 5 23 800.281(2) PUB SAF H FURNISHING PRISONER 24 W/CONTRABAND OUTSIDE 5 25 800.281(3) PUB SAF H BRINGING CONTRABAND INTO 26 PRISONS 5 27 800.281(4) PUB SAF E PRISONER POSSESSING CONTRABAND 5 28 800.283(1) PUB SAF E FURNISHING WEAPON TO PRISONER 29 IN PRISON 5 30 800.283(2) PUB SAF E PRISONS -- KNOWLEDGE OF A 31 WEAPON IN A CORRECTIONAL 32 FACILITY 5 33 800.283(3) PUB SAF E BRINGING WEAPON INTO PRISON 5 34 800.283(4) PUB SAF E PRISONER POSSESSING WEAPON 5 04075'97 58 1 SEC. 18. THIS CHAPTER APPLIES TO THE FOLLOWING FELONIES: 2 3 M.C.L. CATEGORY DESCRIPTION STAT MAX 4 333.7410 CS CONTROLLED SUBSTANCE DELIVERY 5 OR DISTRIBUTION TO MINORS OR 6 STUDENTS VARIABLE 7 333.7413(2) OR (3) PUB TRST SUBSEQUENT CONTROLLED SUB- 8 STANCE VIOLATIONS VARIABLE 9 333.7416(1)(A) CS RECRUITING OR INDUCING A MINOR 10 TO COMMIT A CONTROLLED SUB- 11 STANCE FELONY VARIABLE 12 750.157A(A) PUB SAF CONSPIRACY VARIABLE 13 750.157C PERSON INDUCING MINOR TO COMMIT A 14 FELONY VARIABLE 15 750.188 PUB ORD VOLUNTARILY SUFFERING PRISONER 16 TO ESCAPE VARIABLE 17 750.367A PROPERTY LARCENY OF RATIONED GOODS VARIABLE 18 SEC. 19. (1) THIS CHAPTER APPLIES TO AN ATTEMPT TO COMMIT 19 AN OFFENSE ENUMERATED IN THIS PART IF THE ATTEMPTED VIOLATION IS 20 A FELONY. THIS CHAPTER DOES NOT APPLY TO AN ATTEMPT TO COMMIT A 21 CLASS H OFFENSE ENUMERATED IN THIS PART. 22 (2) FOR AN ATTEMPT TO COMMIT AN OFFENSE ENUMERATED IN THIS 23 PART, THE OFFENSE CATEGORY IS THE SAME AS THE ATTEMPTED OFFENSE. 24 (3) FOR AN ATTEMPT TO COMMIT AN OFFENSE ENUMERATED IN THIS 25 PART, THE CLASS IS AS FOLLOWS: 26 (A) CLASS E IF THE ATTEMPTED OFFENSE IS IN CLASS A, B, C, OR 27 D. 04075'97 59 1 (B) CLASS H IF THE ATTEMPTED OFFENSE IS IN CLASS E, F, OR G. 2 PART 3 3 SCORING INSTRUCTIONS FOR SENTENCING GUIDELINES 4 SEC. 21. (1) FOR AN OFFENSE ENUMERATED IN PART 2 OF THIS 5 CHAPTER, DETERMINE THE RECOMMENDED MINIMUM SENTENCE RANGE AS 6 FOLLOWS: 7 (A) FIND THE OFFENSE CATEGORY FOR THE OFFENSE FROM PART 2 OF 8 THIS CHAPTER. FROM SECTION 22 OF THIS CHAPTER, DETERMINE THE 9 OFFENSE VARIABLES TO BE SCORED FOR THAT OFFENSE CATEGORY AND 10 SCORE ONLY THOSE OFFENSE VARIABLES FOR THE OFFENDER AS PROVIDED 11 IN PART 4 OF THIS CHAPTER. TOTAL THOSE POINTS TO DETERMINE THE 12 OFFENDER'S OFFENSE VARIABLE LEVEL. 13 (B) SCORE ALL PRIOR RECORD VARIABLES FOR THE OFFENDER AS 14 PROVIDED IN PART 5 OF THIS CHAPTER. TOTAL THOSE POINTS TO DETER- 15 MINE THE OFFENDER'S PRIOR RECORD VARIABLE LEVEL. 16 (C) FIND THE OFFENSE CLASS FOR THE OFFENSE FROM PART 2 OF 17 THIS CHAPTER. USING THE SENTENCING GRID FOR THAT OFFENSE CLASS 18 IN PART 6 OF THIS CHAPTER, DETERMINE THE RECOMMENDED MINIMUM SEN- 19 TENCE RANGE FROM THE INTERSECTION OF THE OFFENDER'S OFFENSE VARI- 20 ABLE LEVEL AND PRIOR RECORD VARIABLE LEVEL. THE RECOMMENDED MIN- 21 IMUM SENTENCE WITHIN A SENTENCING GRID IS SHOWN AS A RANGE OF 22 MONTHS OR LIFE. 23 (2) IF THE DEFENDANT WAS CONVICTED OF MULTIPLE OFFENSES, 24 SCORE THE APPLICABLE OFFENSE VARIABLES FOR THE OFFENSE WITH THE 25 HIGHEST STATUTORY MAXIMUM SENTENCE. IF THE HIGHEST STATUTORY 26 MAXIMUM APPLIES TO 2 OR MORE OF THE MULTIPLE OFFENSES, THE 27 OFFENSE VARIABLES FOR ANY 1 OF THOSE OFFENSES MAY BE SCORED UNDER 04075'97 60 1 THIS SECTION. IF A CONSECUTIVE SENTENCE IS REQUIRED OR ALLOWED 2 FOR 1 OR MORE OF THE MULTIPLE OFFENSES, THE OFFENSE VARIABLES FOR 3 EACH OFFENSE TO BE SENTENCED CONSECUTIVELY SHALL BE SCORED UNDER 4 THIS SECTION. 5 (3) IF THE OFFENDER IS BEING SENTENCED UNDER SECTION 10, 11, 6 OR 12 OF CHAPTER IX, DETERMINE THE OFFENSE CATEGORY, OFFENSE 7 CLASS, OFFENSE VARIABLE LEVEL, AND PRIOR RECORD VARIABLE LEVEL 8 BASED ON THE UNDERLYING OFFENSE. TO DETERMINE THE RECOMMENDED 9 MINIMUM SENTENCE RANGE, INCREASE THE UPPER LIMIT OF THE RECOM- 10 MENDED MINIMUM SENTENCE RANGE DETERMINED UNDER PART 6 FOR THE 11 UNDERLYING OFFENSE AS FOLLOWS: 12 (A) IF THE OFFENDER IS BEING SENTENCED FOR A SECOND FELONY, 13 25%. 14 (B) IF THE OFFENDER IS BEING SENTENCED FOR A THIRD FELONY, 15 50%. 16 (C) IF THE OFFENDER IS BEING SENTENCED FOR A FOURTH OR SUB- 17 SEQUENT FELONY, 100%. 18 (4) IF THE OFFENDER IS BEING SENTENCED FOR A VIOLATION 19 DESCRIBED IN SECTION 18 OF THIS CHAPTER, DETERMINE THE OFFENSE 20 CLASS, OFFENSE VARIABLE LEVEL, AND PRIOR RECORD VARIABLE LEVEL 21 BASED ON THE UNDERLYING OFFENSE. 22 (5) IF THE OFFENDER IS BEING SENTENCED FOR AN ATTEMPTED 23 FELONY DESCRIBED IN SECTION 19 OF THIS CHAPTER, DETERMINE THE 24 OFFENSE VARIABLE LEVEL BASED ON THE UNDERLYING ATTEMPTED 25 OFFENSE. 26 SEC. 22. (1) FOR ALL CRIMES AGAINST A PERSON, SCORE OFFENSE 27 VARIABLES 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, AND 19. SCORE 04075'97 61 1 OFFENSE VARIABLES 5 AND 6 FOR HOMICIDE OR ATTEMPTED HOMICIDE. 2 SCORE OFFENSE VARIABLE 16 UNDER THIS SUBSECTION FOR A VIOLATION 3 OR ATTEMPTED VIOLATION OF SECTION 110A OF THE MICHIGAN PENAL 4 CODE, 1931 PA 328, MCL 750.110A. SCORE OFFENSE VARIABLES 17 AND 5 18 IF AN ELEMENT OF THE OFFENSE OR ATTEMPTED OFFENSE INVOLVES THE 6 OPERATION OF A VEHICLE, VESSEL, AIRCRAFT, OR LOCOMOTIVE. 7 (2) FOR ALL CRIMES AGAINST PROPERTY, SCORE OFFENSE VARIABLES 8 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, AND 19. 9 (3) FOR ALL CRIMES INVOLVING A CONTROLLED SUBSTANCE, SCORE 10 OFFENSE VARIABLES 1, 2, 3, 12, 13, 14, 15, AND 19. 11 (4) FOR ALL CRIMES AGAINST PUBLIC ORDER AND ALL CRIMES 12 AGAINST PUBLIC TRUST, SCORE OFFENSE VARIABLES 1, 3, 4, 9, 10, 12, 13 13, 14, 16, AND 19. 14 (5) FOR ALL CRIMES AGAINST PUBLIC SAFETY, SCORE OFFENSE 15 VARIABLES 1, 3, 4, 9, 10, 12, 13, 14, 16, AND 19. SCORE OFFENSE 16 VARIABLE 18 IF AN ELEMENT OF THE OFFENSE INVOLVES THE OPERATION 17 OF A VEHICLE, VESSEL, AIRCRAFT, OR LOCOMOTIVE. 18 PART 4 19 OFFENSE VARIABLES 20 SEC. 31. (1) OFFENSE VARIABLE 1 IS AGGRAVATED USE OF A 21 WEAPON. SCORE OFFENSE VARIABLE 1 BY DETERMINING WHICH OF THE 22 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT- 23 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 24 (A) A FIREARM WAS DISCHARGED AT OR TOWARD A HUMAN 25 BEING OR A VICTIM WAS CUT OR STABBED WITH A KNIFE OR 26 OTHER CUTTING OR STABBING WEAPON...................... 25 POINTS 04075'97 62 1 (B) A FIREARM WAS POINTED AT OR TOWARD A VICTIM 2 OR THE VICTIM HAD A REASONABLE APPREHENSION OF AN 3 IMMEDIATE BATTERY WHEN THREATENED WITH A KNIFE OR 4 OTHER CUTTING OR STABBING WEAPON...................... 15 POINTS 5 (C) THE VICTIM WAS TOUCHED BY ANY OTHER TYPE OF 6 WEAPON................................................ 10 POINTS 7 (D) A WEAPON WAS DISPLAYED OR IMPLIED............ 5 POINTS 8 (E) NO AGGRAVATED USE OF A WEAPON OCCURRED....... 0 POINTS 9 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 10 1: 11 (A) COUNT EACH PERSON WHO WAS PLACED IN DANGER OR INJURY OR 12 LOSS OF LIFE AS A VICTIM. 13 (B) IN MULTIPLE OFFENDER CASES, IF 1 OFFENDER IS ASSESSED 14 POINTS FOR THE PRESENCE OR USE OF A WEAPON, ALL OFFENDERS SHALL 15 BE ASSESSED THE SAME NUMBER OF POINTS. 16 (C) SCORE 5 POINTS IF AN OFFENDER USED AN OBJECT TO SUGGEST 17 THE PRESENCE OF A WEAPON. 18 (D) DO NOT SCORE 5 POINTS IF THE CONVICTION OFFENSE IS A 19 VIOLATION OF SECTION 82 OR 529 OF THE MICHIGAN PENAL CODE, 1931 20 PA 328, MCL 750.82 AND 750.529. 21 SEC. 32. (1) OFFENSE VARIABLE 2 IS LETHAL POTENTIAL OF THE 22 WEAPON POSSESSED. SCORE OFFENSE VARIABLE 2 BY DETERMINING WHICH 23 OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS 24 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 25 (A) THE OFFENDER POSSESSED AN INCENDIARY DEVICE, 26 AN EXPLOSIVE DEVICE, OR A FULLY AUTOMATIC WEAPON...... 15 POINTS 04075'97 63 1 (B) THE OFFENDER POSSESSED A SHORT BARRELED RIFLE 2 OR A SHORT BARRELED SHOTGUN........................... 10 POINTS 3 (C) THE OFFENDER POSSESSED A PISTOL, RIFLE, SHOT- 4 GUN, OR KNIFE OR OTHER CUTTING OR STABBING WEAPON..... 5 POINTS 5 (D) THE OFFENDER POSSESSED ANY OTHER POTENTIALLY 6 LETHAL WEAPON......................................... 1 POINT 7 (E) THE OFFENDER POSSESSED NO WEAPON............. 0 POINTS 8 (2) IN MULTIPLE OFFENDER CASES, IF 1 OFFENDER IS ASSESSED 9 POINTS FOR POSSESSING A WEAPON, ALL OFFENDERS SHALL BE ASSESSED 10 THE SAME NUMBER OF POINTS. 11 (3) AS USED IN THIS SECTION: 12 (A) "FULLY AUTOMATIC WEAPON" MEANS A FIREARM EMPLOYING GAS 13 PRESSURE OR FORCE OF RECOIL OR OTHER MEANS TO EJECT AN EMPTY CAR- 14 TRIDGE FROM THE FIREARM AFTER A SHOT, AND TO LOAD AND FIRE THE 15 NEXT CARTRIDGE FROM THE MAGAZINE, WITHOUT RENEWED PRESSURE ON THE 16 TRIGGER FOR EACH SUCCESSIVE SHOT. 17 (B) "PISTOL", "RIFLE", OR "SHOTGUN" INCLUDES A REVOLVER, 18 SEMI-AUTOMATIC PISTOL, RIFLE, SHOTGUN, COMBINATION RIFLE AND 19 SHOTGUN, OR OTHER FIREARM MANUFACTURED IN OR AFTER 1898 THAT 20 FIRES FIXED AMMUNITION, BUT DOES NOT INCLUDE A FULLY AUTOMATIC 21 WEAPON OR SHORT-BARRELED SHOTGUN OR SHORT-BARRELED RIFLE. 22 (C) "INCENDIARY DEVICE" INCLUDES GASOLINE OR ANY OTHER FLAM- 23 MABLE SUBSTANCE, A BLOWTORCH, FIRE BOMB, MOLOTOV COCKTAIL, OR 24 OTHER SIMILAR DEVICE. 25 SEC. 33. (1) OFFENSE VARIABLE 3 IS PHYSICAL INJURY TO A 26 VICTIM. SCORE OFFENSE VARIABLE 3 BY DETERMINING WHICH OF THE 04075'97 64 1 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS 2 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 3 (A) A VICTIM WAS KILLED.......................... 100 POINTS 4 (B) LIFE THREATENING OR PERMANENT INCAPACITATING 5 INJURY OCCURRED TO A VICTIM........................... 25 POINTS 6 (C) BODILY INJURY REQUIRING MEDICAL TREATMENT 7 OCCURRED TO A VICTIM.................................. 10 POINTS 8 (D) BODILY INJURY NOT REQUIRING MEDICAL TREATMENT 9 OCCURRED TO A VICTIM.................................. 5 POINTS 10 (E) NO PHYSICAL INJURY OCCURRED TO A VICTIM...... 0 POINTS 11 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 12 3: 13 (A) IN MULTIPLE OFFENDER CASES, IF 1 OFFENDER IS ASSESSED 14 POINTS FOR DEATH OR PHYSICAL INJURY, ALL OFFENDERS SHALL BE 15 ASSESSED THE SAME NUMBER OF POINTS. 16 (B) SCORE 100 POINTS IF DEATH RESULTS FROM THE COMMISSION OF 17 A CRIME AND HOMICIDE IS NOT THE SENTENCING OFFENSE. 18 (C) DO NOT SCORE 5 POINTS IF BODILY INJURY IS AN ELEMENT OF 19 THE SENTENCING OFFENSE. 20 (3) AS USED IN THIS SECTION, "REQUIRING MEDICAL TREATMENT" 21 REFERS TO THE NECESSITY FOR TREATMENT AND NOT THE VICTIM'S SUC- 22 CESS IN OBTAINING TREATMENT. 23 SEC. 34. (1) OFFENSE VARIABLE 4 IS PSYCHOLOGICAL INJURY TO 24 A VICTIM. SCORE OFFENSE VARIABLE 4 BY DETERMINING WHICH OF THE 25 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT- 26 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 04075'97 65 1 (A) SERIOUS PSYCHOLOGICAL INJURY REQUIRING 2 PROFESSIONAL TREATMENT OCCURRED TO A VICTIM........... 10 POINTS 3 (B) NO SERIOUS PSYCHOLOGICAL INJURY REQUIRING 4 PROFESSIONAL TREATMENT OCCURRED TO A VICTIM........... 0 POINTS 5 (2) SCORE 10 POINTS IF THE SERIOUS PSYCHOLOGICAL INJURY MAY 6 REQUIRE PROFESSIONAL TREATMENT. IN MAKING THIS DETERMINATION, 7 THE FACT THAT TREATMENT HAS NOT BEEN SOUGHT IS NOT CONCLUSIVE. 8 SEC. 35. (1) OFFENSE VARIABLE 5 IS PSYCHOLOGICAL INJURY TO 9 A MEMBER OF A VICTIM'S FAMILY. SCORE OFFENSE VARIABLE 5 BY 10 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE 11 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST 12 NUMBER OF POINTS: 13 (A) SERIOUS PSYCHOLOGICAL INJURY REQUIRING PRO- 14 FESSIONAL TREATMENT OCCURRED TO A HOMICIDE VICTIM'S 15 FAMILY................................................ 15 POINTS 16 (B) NO SERIOUS PSYCHOLOGICAL INJURY REQUIRING 17 PROFESSIONAL TREATMENT OCCURRED TO A HOMICIDE VICTIM'S 18 FAMILY................................................ 0 POINTS 19 (2) SCORE 15 POINTS IF THE SERIOUS PSYCHOLOGICAL INJURY TO 20 THE VICTIM'S FAMILY MAY REQUIRE PROFESSIONAL TREATMENT. IN 21 MAKING THIS DETERMINATION, THE FACT THAT TREATMENT HAS NOT BEEN 22 SOUGHT IS NOT CONCLUSIVE. 23 SEC. 36. (1) OFFENSE VARIABLE 6 IS THE OFFENDER'S INTENT TO 24 KILL OR INJURE ANOTHER INDIVIDUAL. SCORE OFFENSE VARIABLE 6 BY 25 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE 26 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST 27 NUMBER OF POINTS: 04075'97 66 1 (A) THE OFFENDER HAD PREMEDITATED INTENT TO KILL 2 OR THE KILLING WAS COMMITTED WHILE COMMITTING OR 3 ATTEMPTING TO COMMIT ARSON, CRIMINAL SEXUAL CONDUCT IN 4 THE FIRST OR THIRD DEGREE, CHILD ABUSE IN THE FIRST 5 DEGREE, A MAJOR CONTROLLED SUBSTANCE OFFENSE, ROBBERY, 6 BREAKING AND ENTERING OF A DWELLING, HOME INVASION IN 7 THE FIRST OR SECOND DEGREE, LARCENY OF ANY KIND, 8 EXTORTION, OR KIDNAPPING OR THE KILLING WAS THE MURDER 9 OF A PEACE OFFICER OR A CORRECTIONS OFFICER........... 50 POINTS 10 (B) THE OFFENDER HAD UNPREMEDITATED INTENT TO 11 KILL, THE INTENT TO DO GREAT BODILY HARM, OR CREATED A 12 VERY HIGH RISK OF DEATH OR GREAT BODILY HARM KNOWING 13 THAT DEATH OR GREAT BODILY HARM WAS THE PROBABLE 14 RESULT................................................ 25 POINTS 15 (C) THE OFFENDER HAD INTENT TO INJURE OR THE KIL- 16 LING WAS COMMITTED IN AN EXTREME EMOTIONAL STATE 17 CAUSED BY AN ADEQUATE PROVOCATION AND BEFORE A REASON- 18 ABLE AMOUNT OF TIME ELAPSED FOR THE OFFENDER TO CALM 19 OR THERE WAS GROSS NEGLIGENCE AMOUNTING TO AN UNREA- 20 SONABLE DISREGARD FOR LIFE............................ 10 POINTS 21 (D) THE OFFENDER HAD NO INTENT TO KILL OR INJURE. 0 POINTS 22 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 23 6. 24 (A) THE SENTENCING JUDGE SHALL SCORE THIS VARIABLE CONSIS- 25 TENT WITH A JURY VERDICT UNLESS THE JUDGE HAS INFORMATION THAT 26 WAS NOT PRESENTED TO THE JURY. 04075'97 67 1 (B) SCORE 10 POINTS IF A KILLING IS INTENTIONAL WITHIN THE 2 DEFINITION OF SECOND DEGREE MURDER OR VOLUNTARY MANSLAUGHTER, BUT 3 THE DEATH OCCURRED IN A COMBATIVE SITUATION OR IN RESPONSE TO 4 VICTIMIZATION OF THE OFFENDER BY THE DECEDENT. 5 SEC. 37. (1) OFFENSE VARIABLE 7 IS AGGRAVATED PHYSICAL 6 ABUSE. SCORE OFFENSE VARIABLE 7 BY DETERMINING WHICH OF THE FOL- 7 LOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE 8 TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 9 (A) A VICTIM WAS TREATED WITH TERRORISM, SADISM, 10 TORTURE, OR EXCESSIVE BRUTALITY....................... 50 POINTS 11 (B) NO VICTIM WAS TREATED WITH TERRORISM, SADISM, 12 TORTURE, OR EXCESSIVE BRUTALITY....................... 0 POINTS 13 (2) AS USED IN THIS SECTION: 14 (A) "TERRORISM" MEANS CONDUCT DESIGNED TO SUBSTANTIALLY 15 INCREASE THE FEAR AND ANXIETY A VICTIM SUFFERS DURING THE 16 OFFENSE. 17 (B) "SADISM" MEANS CONDUCT THAT SUBJECTS A VICTIM TO EXTREME 18 OR PROLONGED PAIN OR HUMILIATION AND IS INFLICTED TO PRODUCE SUF- 19 FERING OR FOR THE OFFENDER'S GRATIFICATION. 20 SEC. 38. (1) OFFENSE VARIABLE 8 IS VICTIM ASPORTATION OR 21 CAPTIVITY. SCORE OFFENSE VARIABLE 8 BY DETERMINING WHICH OF THE 22 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT- 23 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 24 (A) A VICTIM WAS ASPORTATED TO ANOTHER PLACE OF 25 GREATER DANGER OR TO A SITUATION OF GREATER DANGER OR 26 WAS HELD CAPTIVE BEYOND THE TIME NECESSARY TO COMMIT 27 THE OFFENSE........................................... 15 POINTS 04075'97 68 1 (B) NO VICTIM WAS ASPORTATED OR HELD CAPTIVE..... 0 POINTS 2 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 3 8: 4 (A) COUNT EACH PERSON WHO WAS PLACED IN DANGER OF INJURY OR 5 LOSS OF LIFE AS A VICTIM. 6 (B) SCORE 0 POINTS IF THE SENTENCING OFFENSE IS KIDNAPPING. 7 SEC. 39. (1) OFFENSE VARIABLE 9 IS NUMBER OF VICTIMS. 8 SCORE OFFENSE VARIABLE 9 BY DETERMINING WHICH OF THE FOLLOWING 9 APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE 10 ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 11 (A) MULTIPLE DEATHS OCCURRED..................... 100 POINTS 12 (B) THERE WERE 10 OR MORE VICTIMS................ 25 POINTS 13 (C) THERE WERE 2 TO 9 VICTIMS.................... 10 POINTS 14 (D) THERE WERE FEWER THAN 2 VICTIMS.............. 0 POINTS 15 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 16 9: 17 (A) COUNT EACH PERSON WHO WAS PLACED IN DANGER OF INJURY OR 18 LOSS OF LIFE AS A VICTIM. 19 (B) SCORE 100 POINTS ONLY IN HOMICIDE CASES. 20 SEC. 40. (1) OFFENSE VARIABLE 10 IS EXPLOITATION OF A VUL- 21 NERABLE VICTIM. SCORE OFFENSE VARIABLE 10 BY DETERMINING WHICH 22 OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS 23 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 24 (A) PREDATORY CONDUCT WAS INVOLVED............... 15 POINTS 25 (B) THE OFFENDER EXPLOITED A VICTIM'S PHYSICAL 26 DISABILITY, MENTAL DISABILITY, YOUTH OR AGEDNESS, OR A 04075'97 69 1 DOMESTIC RELATIONSHIP, OR THE OFFENDER ABUSED HIS OR 2 HER AUTHORITY STATUS.................................. 10 POINTS 3 (C) THE OFFENDER EXPLOITED A VICTIM BY HIS OR HER 4 DIFFERENCE IN SIZE OR STRENGTH, OR BOTH, OR EXPLOITED 5 A VICTIM WHO WAS INTOXICATED, UNDER THE INFLUENCE OF 6 DRUGS, ASLEEP, OR UNCONSCIOUS......................... 5 POINTS 7 (D) THE OFFENDER DID NOT EXPLOIT A VICTIM'S 8 VULNERABILITY......................................... 0 POINTS 9 (2) THE MERE EXISTENCE OF 1 OR MORE FACTORS DESCRIBED IN 10 SUBSECTION (1) DOES NOT AUTOMATICALLY EQUATE WITH VICTIM 11 VULNERABILITY. 12 (3) AS USED IN THIS SECTION: 13 (A) "PREDATORY CONDUCT" MEANS PREOFFENSE CONDUCT DIRECTED AT 14 A VICTIM FOR THE PRIMARY PURPOSE OF VICTIMIZATION. 15 (B) "EXPLOIT" MEANS TO MANIPULATE A VICTIM FOR SELFISH OR 16 UNETHICAL PURPOSES. 17 (C) "VULNERABILITY" MEANS THE READILY APPARENT SUSCEPTIBIL- 18 ITY OF A VICTIM TO INJURY, PHYSICAL RESTRAINT, PERSUASION, OR 19 TEMPTATION. 20 (D) "ABUSE OF AUTHORITY STATUS" MEANS A VICTIM WAS EXPLOITED 21 OUT OF FEAR OR DEFERENCE TO AN AUTHORITY FIGURE, INCLUDING, BUT 22 NOT LIMITED TO, A PARENT, PHYSICIAN, OR TEACHER. 23 SEC. 41. (1) OFFENSE VARIABLE 11 IS CRIMINAL SEXUAL 24 PENETRATION. SCORE OFFENSE VARIABLE 11 BY DETERMINING WHICH OF 25 THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIB- 26 UTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 04075'97 70 1 (A) TWO OR MORE CRIMINAL SEXUAL PENETRATIONS 2 OCCURRED.............................................. 50 POINTS 3 (B) ONE CRIMINAL SEXUAL PENETRATION OCCURRED..... 25 POINTS 4 (C) NO CRIMINAL SEXUAL PENETRATION OCCURRED...... 0 POINTS 5 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 6 11: 7 (A) SCORE ALL SEXUAL PENETRATIONS OF THE VICTIM BY THE 8 OFFENDER ARISING OUT OF THE SENTENCING OFFENSE. 9 (B) MULTIPLE SEXUAL PENETRATIONS OF THE VICTIM BY THE 10 OFFENDER EXTENDING BEYOND THE SENTENCING OFFENSE MAY BE SCORED IN 11 OFFENSE VARIABLES 12 OR 13. 12 (C) DO NOT SCORE POINTS FOR THE 1 PENETRATION THAT FORMS THE 13 BASIS OF A FIRST- OR THIRD-DEGREE CRIMINAL SEXUAL CONDUCT 14 OFFENSE. 15 SEC. 42. (1) OFFENSE VARIABLE 12 IS CONTEMPORANEOUS FELONI- 16 OUS CRIMINAL ACTS. SCORE OFFENSE VARIABLE 12 BY DETERMINING 17 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF 18 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 19 POINTS: 20 (A) THREE OR MORE CONTEMPORANEOUS FELONIOUS CRIM- 21 INAL ACTS INVOLVING CRIMES AGAINST A PERSON WERE 22 COMMITTED............................................. 25 POINTS 23 (B) TWO CONTEMPORANEOUS FELONIOUS CRIMINAL ACTS 24 INVOLVING CRIMES AGAINST A PERSON WERE COMMITTED...... 10 POINTS 25 (C) THREE OR MORE CONTEMPORANEOUS FELONIOUS CRIM- 26 INAL ACTS INVOLVING OTHER CRIMES WERE COMMITTED....... 10 POINTS 04075'97 71 1 (D) ONE CONTEMPORANEOUS FELONIOUS CRIMINAL ACT 2 INVOLVING A CRIME AGAINST A PERSON WAS COMMITTED...... 5 POINTS 3 (E) TWO CONTEMPORANEOUS FELONIOUS CRIMINAL ACTS 4 INVOLVING OTHER CRIMES WERE COMMITTED................. 5 POINTS 5 (F) ONE CONTEMPORANEOUS FELONIOUS CRIMINAL ACT 6 INVOLVING ANY OTHER CRIME WAS COMMITTED............... 1 POINT 7 (G) NO CONTEMPORANEOUS FELONIOUS CRIMINAL ACTS 8 WERE COMMITTED........................................ 0 POINTS 9 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 10 12: 11 (A) A FELONIOUS CRIMINAL ACT IS CONTEMPORANEOUS IF BOTH OF 12 THE FOLLOWING CIRCUMSTANCES EXIST: 13 (i) THE ACT OCCURRED WITHIN 24 HOURS OF THE SENTENCING 14 OFFENSE. 15 (ii) THE ACT HAS NOT AND WILL NOT RESULT IN A SEPARATE 16 CONVICTION. 17 (B) A VIOLATION OF SECTION 227B OF THE MICHIGAN PENAL CODE, 18 1931 PA 328, MCL 750.227B, SHOULD NOT BE CONSIDERED FOR SCORING 19 THIS VARIABLE. 20 (C) DO NOT SCORE CONDUCT SCORED IN OFFENSE VARIABLE 11. 21 SEC. 43. (1) OFFENSE VARIABLE 13 IS CONTINUING PATTERN OF 22 CRIMINAL BEHAVIOR. SCORE OFFENSE VARIABLE 13 BY DETERMINING 23 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF 24 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 25 POINTS: 04075'97 72 1 (A) THE OFFENSE WAS PART OF A PATTERN OF 2 FELONIOUS CRIMINAL ACTIVITY INVOLVING 3 OR MORE CRIMES 3 AGAINST A PERSON...................................... 25 POINTS 4 (B) THE OFFENSE WAS PART OF A PATTERN OF FELONI- 5 OUS CRIMINAL ACTIVITY INVOLVING A COMBINATION OF 3 OR 6 MORE CRIMES AGAINST A PERSON OR PROPERTY.............. 10 POINTS 7 (C) THE OFFENSE WAS PART OF A PATTERN OF FELONI- 8 OUS CRIMINAL ACTIVITY DIRECTLY RELATED TO MEMBERSHIP 9 IN AN ORGANIZED CRIMINAL GROUP........................ 10 POINTS 10 (D) THE OFFENSE WAS PART OF A PATTERN OF FELONI- 11 OUS CRIMINAL ACTIVITY INVOLVING 3 OR MORE CRIMES 12 AGAINST PROPERTY...................................... 25 POINTS 13 (E) NO PATTERN OF FELONIOUS CRIMINAL ACTIVITY 14 EXISTED............................................... 0 POINTS 15 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 16 13: 17 (A) FOR DETERMINING THE APPROPRIATE POINTS UNDER THIS VARI- 18 ABLE, ALL CRIMES WITHIN A 5-YEAR PERIOD, INCLUDING THE SENTENCING 19 OFFENSE, SHALL BE COUNTED REGARDLESS OF WHETHER THE OFFENSE 20 RESULTED IN A CONVICTION. 21 (B) THE PRESENCE OR ABSENCE OF MULTIPLE OFFENDERS, THE AGE 22 OF THE OFFENDERS, OR THE DEGREE OF SOPHISTICATION OF THE ORGA- 23 NIZED CRIMINAL GROUP IS NOT AS IMPORTANT AS THE FACT OF THE 24 GROUP'S EXISTENCE, WHICH MAY BE REASONABLY INFERRED FROM THE 25 FACTS SURROUNDING THE SENTENCING OFFENSE. 04075'97 73 1 (C) EXCEPT FOR OFFENSES RELATED TO MEMBERSHIP IN AN 2 ORGANIZED CRIMINAL GROUP, DO NOT SCORE CONDUCT SCORED IN OFFENSE 3 VARIABLE 11 OR 12. 4 SEC. 44. (1) OFFENSE VARIABLE 14 IS THE OFFENDER'S ROLE. 5 SCORE OFFENSE VARIABLE 14 BY DETERMINING WHICH OF THE FOLLOWING 6 APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE 7 ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 8 (A) THE OFFENDER WAS A LEADER IN A MULTIPLE 9 OFFENDER SITUATION.................................... 10 POINTS 10 (B) THE OFFENDER WAS NOT A LEADER IN A MULTIPLE 11 OFFENDER SITUATION.................................... 0 POINTS 12 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 13 14: 14 (A) THE ENTIRE CRIMINAL TRANSACTION SHOULD BE CONSIDERED 15 WHEN SCORING THIS VARIABLE. 16 (B) IF 3 OR MORE OFFENDERS WERE INVOLVED, MORE THAN 1 17 OFFENDER MAY BE DETERMINED TO HAVE BEEN A LEADER. 18 SEC. 45. (1) OFFENSE VARIABLE 15 IS AGGRAVATED CONTROLLED 19 SUBSTANCE OFFENSES. SCORE OFFENSE VARIABLE 15 BY DETERMINING 20 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF 21 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 22 POINTS: 23 (A) THE OFFENSE INVOLVED THE SALE OR DELIVERY OF 24 A CONTROLLED SUBSTANCE OTHER THAN MARIHUANA OR A MIX- 25 TURE CONTAINING A CONTROLLED SUBSTANCE OTHER THAN MAR- 26 IHUANA BY THE OFFENDER WHO WAS 18 YEARS OF AGE OR 04075'97 74 1 OLDER TO A MINOR WHO WAS 3 OR MORE YEARS YOUNGER THAN 2 THE OFFENDER.......................................... 25 POINTS 3 (B) THE OFFENSE INVOLVED THE SALE, DELIVERY, OR 4 POSSESSION WITH INTENT TO SELL OR DELIVER 225 GRAMS OR 5 MORE OF A CONTROLLED SUBSTANCE CLASSIFIED IN SCHEDULE 6 1 OR 2 OR A MIXTURE CONTAINING A CONTROLLED SUBSTANCE 7 CLASSIFIED IN SCHEDULE 1 OR 2......................... 20 POINTS 8 (C) THE OFFENSE INVOLVED THE SALE, DELIVERY, OR 9 POSSESSION WITH INTENT TO SELL OR DELIVER 50 OR MORE 10 GRAMS BUT LESS THAN 225 GRAMS OF A CONTROLLED SUB- 11 STANCE CLASSIFIED IN SCHEDULE 1 OR 2, OR A MIXTURE 12 CONTAINING A CONTROLLED SUBSTANCE CLASSIFIED IN SCHED- 13 ULE 1 OR 2............................................ 15 POINTS 14 (D) THE OFFENSE INVOLVED THE SALE, DELIVERY, OR 15 POSSESSION WITH INTENT TO SELL OR DELIVER 45 KILOGRAMS 16 OR MORE OF MARIHUANA OR 200 OR MORE OF MARIHUANA 17 PLANTS................................................ 10 POINTS 18 (E) THE OFFENSE INVOLVED THE DELIVERY OR POSSES- 19 SION WITH INTENT TO DELIVER MARIHUANA OR ANY OTHER 20 CONTROLLED SUBSTANCE OR A COUNTERFEIT CONTROLLED SUB- 21 STANCE OR POSSESSION OF CONTROLLED SUBSTANCES OR COUN- 22 TERFEIT CONTROLLED SUBSTANCES HAVING A VALUE OR UNDER 23 SUCH CIRCUMSTANCES AS TO INDICATE TRAFFICKING......... 5 POINTS 24 (F) THE OFFENSE WAS NOT AN OFFENSE DESCRIBED IN 25 SUBDIVISION (A) THROUGH (E)........................... 0 POINTS 26 (2) AS USED IN THIS SECTION: 04075'97 75 1 (A) "DELIVER" MEANS THE ACTUAL OR CONSTRUCTIVE TRANSFER OF A 2 CONTROLLED SUBSTANCE FROM 1 INDIVIDUAL TO ANOTHER REGARDLESS OF 3 REMUNERATION. 4 (B) "MINOR" MEANS AN INDIVIDUAL 17 YEARS OF AGE OR LESS. 5 (C) "TRAFFICKING" MEANS THE SALE OR DELIVERY OF CONTROLLED 6 SUBSTANCES OR COUNTERFEIT CONTROLLED SUBSTANCES ON A CONTINUING 7 BASIS TO 1 OR MORE OTHER INDIVIDUALS FOR FURTHER DISTRIBUTION. 8 SEC. 46. (1) OFFENSE VARIABLE 16 IS PROPERTY OBTAINED, DAM- 9 AGED, LOST, OR DESTROYED. SCORE OFFENSE VARIABLE 16 BY DETERMIN- 10 ING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF 11 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 12 POINTS: 13 (A) WANTON OR MALICIOUS DAMAGE OCCURRED BEYOND 14 THAT NECESSARY TO COMMIT THE CRIME FOR WHICH THE 15 OFFENDER IS NOT CHARGED AND WILL NOT BE CHARGED....... 10 POINTS 16 (B) THE PROPERTY HAD A VALUE OF MORE THAN 17 $20,000.00 OR HAD SIGNIFICANT HISTORICAL, SOCIAL, OR 18 SENTIMENTAL VALUE..................................... 10 POINTS 19 (C) THE PROPERTY DESTROYED HAD A VALUE OF 20 $1,000.00 OR MORE BUT NOT MORE THAN $20,000.00........ 5 POINTS 21 (D) THE PROPERTY DESTROYED HAD A VALUE OF $200.00 22 OR MORE BUT NOT MORE THAN $1,000.00................... 1 POINT 23 (E) NO PROPERTY WAS OBTAINED, DAMAGED, LOST, OR 24 DESTROYED OR THE PROPERTY HAD A VALUE OF LESS THAN 25 $200.00............................................... 0 POINTS 26 (2) ALL OF THE FOLLOWING APPLY TO SCORING OFFENSE VARIABLE 27 16: 04075'97 76 1 (A) IN MULTIPLE OFFENDER OR VICTIM CASES, THE APPROPRIATE 2 POINTS MAY BE DETERMINED BY ADDING TOGETHER THE AGGREGATE VALUE 3 OF THE PROPERTY INVOLVED, INCLUDING PROPERTY INVOLVED IN 4 UNCHARGED OFFENSES OR CHARGES DISMISSED UNDER A PLEA AGREEMENT. 5 (B) IN CASES IN WHICH THE PROPERTY WAS OBTAINED UNLAWFULLY, 6 LOST TO THE LAWFUL OWNER, OR DESTROYED, USE THE VALUE OF THE 7 PROPERTY IN SCORING THIS VARIABLE. IF THE PROPERTY WAS DAMAGED, 8 USE THE MONETARY AMOUNT APPROPRIATE TO RESTORE THE PROPERTY TO 9 PRE-OFFENSE CONDITION IN SCORING THIS VARIABLE. 10 (C) THE AMOUNT OF MONEY OR PROPERTY INVOLVED IN ADMITTED BUT 11 UNCHARGED OFFENSES OR IN CHARGES THAT HAVE BEEN DISMISSED UNDER A 12 PLEA AGREEMENT MAY BE CONSIDERED. 13 SEC. 47. (1) OFFENSE VARIABLE 17 IS DEGREE OF NEGLIGENCE 14 EXHIBITED. SCORE OFFENSE VARIABLE 17 BY DETERMINING WHICH OF THE 15 FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUT- 16 ABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 17 (A) THE OFFENDER SHOWED A WANTON OR RECKLESS DIS- 18 REGARD FOR THE LIFE OR PROPERTY OF ANOTHER PERSON..... 10 POINTS 19 (B) THE OFFENDER FAILED TO SHOW THE DEGREE OF 20 CARE THAT A PERSON OF ORDINARY PRUDENCE IN A SIMILAR 21 SITUATION WOULD HAVE SHOWN............................ 5 POINTS 22 (C) THE OFFENDER WAS NOT NEGLIGENT............... 0 POINTS 23 (2) DO NOT SCORE 10 POINTS IF POINTS ARE GIVEN IN OFFENSE 24 VARIABLE 6. 25 SEC. 48. (1) OFFENSE VARIABLE 18 IS OPERATOR ABILITY 26 AFFECTED BY ALCOHOL OR DRUGS. SCORE OFFENSE VARIABLE 18 BY 27 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE 04075'97 77 1 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST 2 NUMBER OF POINTS: 3 (A) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR 4 HER BODILY ALCOHOL CONTENT WAS 0.20 GRAMS OR MORE PER 5 100 MILLILITERS OF BLOOD, PER 210 LITERS OF BREATH, OR 6 PER 67 MILLILITERS OF URINE........................... 20 POINTS 7 (B) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR 8 HER BODILY ALCOHOL CONTENT WAS 0.15 GRAMS OR MORE BUT 9 LESS THAN 0.20 GRAMS PER 100 MILLILITERS OF BLOOD, PER 10 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE.. 15 POINTS 11 (C) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR 12 HER BODILY ALCOHOL CONTENT WAS 0.10 GRAMS OR MORE BUT 13 LESS THAN 0.15 GRAMS PER 100 MILLILITERS OF BLOOD, PER 14 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE, 15 OR WHILE HE OR SHE WAS UNDER THE INFLUENCE OF INTOXI- 16 CATING LIQUOR OR A CONTROLLED SUBSTANCE OR A COMBINA- 17 TION OF INTOXICATING LIQUOR AND A CONTROLLED SUBSTANCE 10 POINTS 18 (D) THE OFFENDER OPERATED A VEHICLE WHEN HIS OR 19 HER BODILY ALCOHOL CONTENT WAS 0.07 GRAMS OR MORE BUT 20 LESS THAN 0.10 GRAMS PER 100 MILLILITERS OF BLOOD, PER 21 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE, 22 OR WHILE HE OR SHE WAS VISIBLY IMPAIRED BY THE USE OF 23 INTOXICATING LIQUOR AND A CONTROLLED SUBSTANCE OR A 24 COMBINATION OF INTOXICATING LIQUOR OR A CONTROLLED 25 SUBSTANCE, OR WAS LESS THAN 21 YEAR OF AGE AND HAD ANY 26 BODILY ALCOHOL CONTENT................................ 5 POINTS 04075'97 78 1 (E) THE OFFENDER'S ABILITY TO OPERATE A VEHICLE 2 WAS NOT AFFECTED BY AN INTOXICATING LIQUOR OR A 3 CONTROLLED SUBSTANCE OR A COMBINATION OF INTOXICATING 4 LIQUOR AND A CONTROLLED SUBSTANCE..................... 0 POINTS 5 (2) AS USED IN THIS SECTION, "ANY BODILY ALCOHOL CONTENT" 6 MEANS EITHER OF THE FOLLOWING: 7 (A) AN ALCOHOL CONTENT OF NOT LESS THAN 0.02 GRAMS OR MORE 8 THAN 0.07 GRAMS PER 100 MILLILITERS OF BLOOD, PER 210 LITERS OF 9 BREATH, OR PER 67 MILLILITERS OF URINE. 10 (B) ANY PRESENCE OF ALCOHOL WITHIN AN INDIVIDUAL'S BODY 11 RESULTING FROM THE CONSUMPTION OF INTOXICATING LIQUOR OTHER THAN 12 THE CONSUMPTION OF INTOXICATING LIQUOR AS PART OF A GENERALLY 13 RECOGNIZED RELIGIOUS SERVICE OR CEREMONY. 14 SEC. 49. OFFENSE VARIABLE 19 IS THREAT TO THE SECURITY OF A 15 PENAL INSTITUTION OR COURT OR INTERFERENCE WITH THE ADMINISTRA- 16 TION OF JUSTICE. SCORE OFFENSE VARIABLE 19 BY DETERMINING WHICH 17 OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF POINTS 18 ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF POINTS: 19 (A) THE OFFENDER BY HIS OR HER CONDUCT THREATENED 20 THE SECURITY OF A PENAL INSTITUTION OR COURT.......... 25 POINTS 21 (B) THE OFFENDER USED FORCE OR THE THREAT OF 22 FORCE AGAINST ANOTHER PERSON OR THE PROPERTY OF 23 ANOTHER PERSON TO INTERFERE WITH OR ATTEMPT TO INTER- 24 FERE WITH THE ADMINISTRATION OF JUSTICE............... 15 POINTS 25 (C) THE OFFENDER OTHERWISE INTERFERED WITH OR 26 ATTEMPTED TO INTERFERE WITH THE ADMINISTRATION OF 27 JUSTICE............................................... 10 POINTS 04075'97 79 1 (D) THE OFFENDER DID NOT THREATEN THE SECURITY OF 2 A PENAL INSTITUTION OR COURT OR INTERFERE WITH OR 3 ATTEMPT TO INTERFERE WITH THE ADMINISTRATION OF 4 JUSTICE............................................... 0 POINTS 5 PART 5 6 PRIOR RECORD VARIABLES 7 SEC. 51. (1) IN SCORING PRIOR RECORD VARIABLES 1 TO 5, DO 8 NOT USE ANY CONVICTION OR JUVENILE ADJUDICATION THAT PRECEDES A 9 PERIOD OF 10 OR MORE YEARS BETWEEN THE DISCHARGE DATE FROM A CON- 10 VICTION OR JUVENILE ADJUDICATION AND THE DEFENDANT'S COMMISSION 11 OF THE NEXT OFFENSE RESULTING IN A CONVICTION OR JUVENILE 12 ADJUDICATION. 13 (2) APPLY SUBSECTION (1) BY DETERMINING THE TIME BETWEEN THE 14 DISCHARGE DATE FOR THE PRIOR CONVICTION OR JUVENILE ADJUDICATION 15 MOST RECENTLY PRECEDING THE COMMISSION DATE OF THE SENTENCING 16 OFFENSE. IF IT IS 10 OR MORE YEARS, DO NOT USE THAT PRIOR CON- 17 VICTION OR JUVENILE ADJUDICATION AND ANY EARLIER CONVICTION OR 18 JUVENILE ADJUDICATION IN SCORING PRIOR RECORD VARIABLES. IF IT 19 IS LESS THAN 10 YEARS, USE THAT PRIOR CONVICTION OR JUVENILE 20 ADJUDICATION IN SCORING PRIOR RECORD VARIABLES AND DETERMINE THE 21 TIME BETWEEN THE COMMISSION DATE OF THAT PRIOR CONVICTION AND THE 22 DISCHARGE DATE OF THE NEXT EARLIER PRIOR CONVICTION OR JUVENILE 23 ADJUDICATION. IF THAT PERIOD IS 10 OR MORE YEARS, DO NOT USE 24 THAT PRIOR CONVICTION OR JUVENILE ADJUDICATION AND ANY EARLIER 25 CONVICTION OR JUVENILE ADJUDICATION IN SCORING PRIOR RECORD 26 VARIABLES. IF IT IS LESS THAN 10 YEARS, USE THAT PRIOR 27 CONVICTION OR JUVENILE ADJUDICATION IN SCORING PRIOR RECORD 04075'97 80 1 VARIABLES AND REPEAT THIS DETERMINATION FOR EACH REMAINING PRIOR 2 CONVICTION OR JUVENILE ADJUDICATION UNTIL A PERIOD OF 10 OR MORE 3 YEARS IS FOUND OR NO PRIOR CONVICTIONS OR JUVENILE ADJUDICATIONS 4 REMAIN. 5 (3) IF A DISCHARGE DATE IS NOT AVAILABLE, ADD EITHER THE 6 TIME DEFENDANT WAS SENTENCED TO PROBATION OR THE LENGTH OF THE 7 MINIMUM INCARCERATION TERM TO THE DATE OF THE CONVICTION AND USE 8 THAT DATE AS THE DISCHARGE DATE. 9 (4) AS USED IN THIS SECTION: 10 (A) "CONVICTION" INCLUDES ANY OF THE FOLLOWING: 11 (i) ASSIGNMENT TO YOUTHFUL TRAINEE STATUS UNDER SECTIONS 11 12 TO 15 OF CHAPTER II. 13 (ii) A CONVICTION SET ASIDE UNDER 1965 PA 213, MCL 780.621 14 TO 780.624. 15 (B) "DISCHARGE DATE" MEANS THE DATE AN INDIVIDUAL IS DIS- 16 CHARGED FROM THE JURISDICTION OF THE COURT OR THE DEPARTMENT OF 17 CORRECTIONS AFTER BEING CONVICTED OF OR ADJUDICATED RESPONSIBLE 18 FOR A CRIME OR AN ACT THAT WOULD BE A CRIME IF COMMITTED BY AN 19 ADULT. 20 (C) "JUVENILE ADJUDICATION" INCLUDES AN ADJUDICATION SET 21 ASIDE UNDER SECTION 18E OF CHAPTER XIIA OF 1939 PA 288, MCL 22 712A.18E, OR EXPUNGED. 23 SEC. 52. (1) PRIOR RECORD VARIABLE 1 IS PRIOR HIGH SEVERITY 24 FELONY CONVICTIONS. SCORE PRIOR RECORD VARIABLE 1 BY DETERMINING 25 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF 26 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 27 POINTS: 04075'97 81 1 (A) THE OFFENDER HAS 3 OR MORE PRIOR HIGH 2 SEVERITY FELONY CONVICTIONS........................... 75 POINTS 3 (B) THE OFFENDER HAS 2 PRIOR HIGH SEVERITY FELONY 4 CONVICTIONS........................................... 50 POINTS 5 (C) THE OFFENDER HAS 1 PRIOR HIGH SEVERITY FELONY 6 CONVICTION............................................ 25 POINTS 7 (D) THE OFFENDER HAS NO PRIOR HIGH SEVERITY 8 FELONY CONVICTIONS.................................... 0 POINTS 9 (2) AS USED IN THIS SECTION, "PRIOR HIGH SEVERITY FELONY 10 CONVICTION" MEANS A CONVICTION FOR A CRIME LISTED IN OFFENSE 11 CLASS M2, A, B, C, OR D OR FOR A FELONY UNDER A LAW OF THE UNITED 12 STATES OR ANOTHER STATE CORRESPONDING TO A CRIME LISTED IN 13 OFFENSE CLASS M2, A, B, C, OR D, IF THE CONVICTION WAS ENTERED 14 BEFORE THE SENTENCING OFFENSE WAS COMMITTED. 15 SEC. 53. (1) PRIOR RECORD VARIABLE 2 IS PRIOR LOW SEVERITY 16 FELONY CONVICTIONS. SCORE PRIOR RECORD VARIABLE 2 BY DETERMINING 17 WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER OF 18 POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 19 POINTS: 20 (A) THE OFFENDER HAS 4 OR MORE PRIOR LOW SEVERITY 21 FELONY CONVICTIONS.................................... 30 POINTS 22 (B) THE OFFENDER HAS 3 PRIOR LOW SEVERITY FELONY 23 CONVICTIONS........................................... 20 POINTS 24 (C) THE OFFENDER HAS 2 PRIOR LOW SEVERITY FELONY 25 CONVICTIONS........................................... 10 POINTS 26 (D) THE OFFENDER HAS 1 PRIOR LOW SEVERITY FELONY 27 CONVICTION............................................ 5 POINTS 04075'97 82 1 (E) THE OFFENDER HAS NO PRIOR LOW SEVERITY FELONY 2 CONVICTIONS........................................... 0 POINTS 3 (2) AS USED IN THIS SECTION, "PRIOR LOW SEVERITY FELONY 4 CONVICTION" MEANS A CONVICTION FOR A CRIME LISTED IN OFFENSE 5 CLASS E, F, G, OR H OR FOR A FELONY UNDER A LAW OF THE UNITED 6 STATES OR ANOTHER STATE THAT CORRESPONDS TO A CRIME LISTED IN 7 OFFENSE CLASS E, F, G, OR H, IF THE CONVICTION WAS ENTERED BEFORE 8 THE SENTENCING OFFENSE WAS COMMITTED. 9 SEC. 54. (1) PRIOR RECORD VARIABLE 3 IS PRIOR HIGH SEVERITY 10 JUVENILE ADJUDICATIONS. SCORE PRIOR RECORD VARIABLE 3 BY DETER- 11 MINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER 12 OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 13 POINTS: 14 (A) THE OFFENDER HAS 3 OR MORE PRIOR HIGH SEVER- 15 ITY JUVENILE ADJUDICATIONS............................ 50 POINTS 16 (B) THE OFFENDER HAS 2 PRIOR HIGH SEVERITY JUVE- 17 NILE ADJUDICATIONS.................................... 25 POINTS 18 (C) THE OFFENDER HAS 1 PRIOR HIGH SEVERITY JUVE- 19 NILE ADJUDICATION..................................... 10 POINTS 20 (D) THE OFFENDER HAS NO PRIOR HIGH SEVERITY JUVE- 21 NILE ADJUDICATIONS.................................... 0 POINTS 22 (2) AS USED IN THIS SECTION, "PRIOR HIGH SEVERITY JUVENILE 23 ADJUDICATION" MEANS A JUVENILE ADJUDICATION FOR CONDUCT THAT 24 WOULD BE A CRIME LISTED IN OFFENSE CLASS M2, A, B, C, OR D IF 25 COMMITTED BY AN ADULT OR FOR CONDUCT THAT WOULD BE A FELONY UNDER 26 A LAW OF THE UNITED STATES OR ANOTHER STATE CORRESPONDING TO A 27 CRIME LISTED IN OFFENSE CLASS M2, A, B, C, OR D IF COMMITTED BY 04075'97 83 1 AN ADULT, IF THE ORDER OF DISPOSITION WAS ENTERED BEFORE THE 2 SENTENCING OFFENSE WAS COMMITTED. 3 SEC. 55. (1) PRIOR RECORD VARIABLE 4 IS PRIOR LOW SEVERITY 4 JUVENILE ADJUDICATIONS. SCORE PRIOR RECORD VARIABLE 4 BY DETER- 5 MINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER 6 OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 7 POINTS: 8 (A) THE OFFENDER HAS 6 OR MORE PRIOR LOW SEVERITY 9 JUVENILE ADJUDICATIONS................................ 20 POINTS 10 (B) THE OFFENDER HAS 4 OR 5 PRIOR LOW SEVERITY 11 JUVENILE ADJUDICATIONS................................ 10 POINTS 12 (C) THE OFFENDER HAS 2 OR 3 PRIOR LOW SEVERITY 13 JUVENILE ADJUDICATIONS................................ 5 POINTS 14 (D) THE OFFENDER HAS 1 PRIOR LOW SEVERITY JUVE- 15 NILE ADJUDICATION..................................... 2 POINTS 16 (F) THE OFFENDER HAS NO PRIOR LOW SEVERITY JUVE- 17 NILE ADJUDICATIONS.................................... 0 POINTS 18 (2) AS USED IN THIS SECTION, "PRIOR LOW SEVERITY JUVENILE 19 ADJUDICATION" MEANS A JUVENILE ADJUDICATION FOR CONDUCT THAT 20 WOULD BE A CRIME LISTED IN OFFENSE CLASS E, F, G, OR H IF COMMIT- 21 TED BY AN ADULT OR FOR CONDUCT THAT WOULD BE A FELONY UNDER A LAW 22 OF THE UNITED STATES OR ANOTHER STATE CORRESPONDING TO A CRIME 23 LISTED IN OFFENSE CLASS E, F, G, OR H IF COMMITTED BY AN ADULT, 24 IF THE ORDER OF DISPOSITION WAS ENTERED BEFORE THE SENTENCING 25 OFFENSE WAS COMMITTED. 26 SEC. 56. (1) PRIOR RECORD VARIABLE 5 IS PRIOR MISDEMEANOR 27 CONVICTIONS OR MISDEMEANOR ADJUDICATIONS. SCORE PRIOR RECORD 04075'97 84 1 VARIABLE 5 BY DETERMINING WHICH OF THE FOLLOWING APPLY AND BY 2 ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS 3 THE HIGHEST NUMBER OF POINTS: 4 (A) THE OFFENDER HAS 7 OR MORE PRIOR MISDEMEANOR 5 CONVICTIONS OR JUVENILE ADJUDICATIONS................. 20 POINTS 6 (B) THE OFFENDER HAS 5 OR 6 PRIOR MISDEMEANOR 7 CONVICTIONS OR JUVENILE ADJUDICATIONS................. 15 POINTS 8 (C) THE OFFENDER HAS 3 OR 4 PRIOR MISDEMEANOR 9 CONVICTIONS OR JUVENILE ADJUDICATIONS................. 10 POINTS 10 (D) THE OFFENDER HAS 2 PRIOR MISDEMEANOR CONVIC- 11 TIONS OR JUVENILE ADJUDICATIONS....................... 5 POINTS 12 (E) THE OFFENDER HAS 1 PRIOR MISDEMEANOR CONVIC- 13 TION OR JUVENILE ADJUDICATION......................... 2 POINTS 14 (F) THE OFFENDER HAS NO PRIOR MISDEMEANOR CONVIC- 15 TIONS OR JUVENILE ADJUDICATIONS....................... 0 POINTS 16 (2) ALL OF THE FOLLOWING APPLY TO SCORING RECORD VARIABLE 17 5: 18 (A) COUNT ONLY MISDEMEANOR JUVENILE ADJUDICATIONS FOR 19 ASSAULTIVE CRIMES. 20 (B) EXCEPT AS PROVIDED IN SUBDIVISION (C), COUNT A PRIOR 21 MISDEMEANOR CONVICTION ONLY IF IT IS A CRIME AGAINST A PERSON OR 22 PROPERTY, A CONTROLLED SUBSTANCE CRIME, OR A WEAPON OFFENSE ENU- 23 MERATED IN CHAPTER XXXVII OF THE MICHIGAN PENAL CODE, 1931 PA 24 328, MCL 750.222 TO 750.239A. DO NOT COUNT A PRIOR CONVICTION 25 USED TO ENHANCE THE SENTENCING OFFENSE TO A FELONY. 26 (C) COUNT ALL MISDEMEANOR CONVICTIONS FOR OPERATING A 27 VEHICLE, VESSEL, AIRCRAFT, OR LOCOMOTIVE WHILE UNDER THE 04075'97 85 1 INFLUENCE OF OR IMPAIRED BY ALCOHOL, A CONTROLLED SUBSTANCE, OR A 2 COMBINATION OF ALCOHOL AND A CONTROLLED SUBSTANCE. DO NOT COUNT 3 A PRIOR CONVICTION USED TO ENHANCE THE SENTENCING OFFENSE TO A 4 FELONY. 5 SEC. 57. (1) PRIOR RECORD VARIABLE 6 IS RELATIONSHIP TO THE 6 CRIMINAL JUSTICE SYSTEM. SCORE PRIOR RECORD VARIABLE 6 BY DETER- 7 MINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE NUMBER 8 OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST NUMBER OF 9 POINTS: 10 (A) THE OFFENDER IS A PRISONER OF THE DEPARTMENT 11 OF CORRECTIONS OR SERVING A SENTENCE IN JAIL.......... 20 POINTS 12 (B) THE OFFENDER IS INCARCERATED IN JAIL AWAITING 13 ADJUDICATION OR SENTENCING ON A CONVICTION OR PROBA- 14 TION VIOLATION........................................ 15 POINTS 15 (C) THE OFFENDER IS ON PAROLE, PROBATION, OR 16 DELAYED SENTENCE STATUS OR ON BOND AWAITING ADJUDICA- 17 TION OR SENTENCING FOR A FELONY....................... 10 POINTS 18 (D) THE OFFENDER IS ON PROBATION OR DELAYED SEN- 19 TENCE STATUS OR ON BOND AWAITING ADJUDICATION OR SEN- 20 TENCING FOR A MISDEMEANOR............................. 5 POINTS 21 (E) THE OFFENDER HAS NO RELATIONSHIP TO THE CRIM- 22 INAL JUSTICE SYSTEM................................... 0 POINTS 23 (2) SCORE THE APPROPRIATE POINTS UNDER THIS SECTION IF THE 24 OFFENDER IS INVOLVED WITH THE CRIMINAL JUSTICE SYSTEM IN ANOTHER 25 STATE OR UNITED STATES. 26 (3) AS USED IN THIS SECTION: 04075'97 86 1 (A) "DELAYED SENTENCE STATUS" INCLUDES, BUT IS NOT LIMITED 2 TO, AN INDIVIDUAL ASSIGNED OR DEFERRED UNDER ANY OF THE 3 FOLLOWING: 4 (i) SECTION 7411 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 5 333.7411. 6 (ii) SECTION 350A OF THE MICHIGAN PENAL CODE, 1931 PA 328, 7 MCL 750.350A. 8 (iii) SECTIONS 11 TO 15 OF CHAPTER II. 9 (iv) SECTION 4A OF CHAPTER IX. 10 (B) "PRISONER OF THE DEPARTMENT OF CORRECTIONS OR SERVING A 11 SENTENCE IN JAIL" INCLUDES AN INDIVIDUAL WHO IS AN ESCAPEE. 12 SEC. 58. (1) PRIOR RECORD VARIABLE 7 IS SUBSEQUENT OR CON- 13 CURRENT FELONY CONVICTIONS. SCORE PRIOR RECORD VARIABLE 7 BY 14 DETERMINING WHICH OF THE FOLLOWING APPLY AND BY ASSIGNING THE 15 NUMBER OF POINTS ATTRIBUTABLE TO THE ONE THAT HAS THE HIGHEST 16 NUMBER OF POINTS: 17 (A) THE OFFENDER HAS 2 OR MORE SUBSEQUENT OR CON- 18 CURRENT CONVICTIONS................................... 20 POINTS 19 (B) THE OFFENDER HAS 1 SUBSEQUENT OR CONCURRENT 20 CONVICTION............................................ 10 POINTS 21 (C) THE OFFENDER HAS NO SUBSEQUENT OR CONCURRENT 22 CONVICTIONS........................................... 0 POINTS 23 (2) ALL OF THE FOLLOWING APPLY TO SCORING RECORD VARIABLE 24 7: 25 (A) SCORE THE APPROPRIATE POINT VALUE IF THE OFFENDER WAS 26 CONVICTED OF MULTIPLE FELONY COUNTS OR WAS CONVICTED OF A FELONY 27 AFTER THE SENTENCING OFFENSE WAS COMMITTED. 04075'97 87 1 (B) DO NOT SCORE A FELONY FIREARM CONVICTION IN THIS 2 VARIABLE. 3 (C) DO NOT SCORE A CONCURRENT FELONY CONVICTION IF A CONSEC- 4 UTIVE SENTENCE WILL RESULT FROM THAT CONVICTION. 5 PART 6 6 SENTENCING GRIDS 7 SEC. 61. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 8 CLASS M2: 9 PRIOR RECORD VARIABLE LEVEL 10 A B C D E F 11 0 1-9 10-24 25-49 50-74 75+ 12 POINTS POINTS POINTS POINTS POINTS POINTS 13 OFFENSE 14 VARIABLE 15 LEVEL 16 I 17 0-49 90-150 144-240 162-270 180-300 225-375 270-450 18 POINTS OR LIFE OR LIFE OR LIFE 19 II 20 50-99 144-240 162-270 180-300 225-375 270-450 315-525 21 POINTS OR LIFE OR LIFE OR LIFE OR LIFE 22 III 23 100+ 162-270 180-300 225-375 270-450 315-525 365-600 24 POINTS OR LIFE OR LIFE OR LIFE OR LIFE OR LIFE OR LIFE 04075'97 88 1 SEC. 62. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS A: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-19 21-35 27-45 42-70 51-85 81-135 108-180 12 POINTS 13 II 14 20-39 27-45 42-70 51-85 81-135 108-180 126-210 15 POINTS 16 III 17 40-59 42-70 51-85 81-135 108-180 126-210 135-225 18 POINTS 19 IV 20 60-79 51-85 81-135 108-180 126-210 135-225 171-285 21 POINTS 22 V 23 80-99 81-135 108-180 126-210 135-225 171-285 225-375 24 POINTS OR LIFE 25 VI 26 100+ 108-180 126-210 135-225 171-285 225-375 270-450 27 POINTS OR LIFE OR LIFE 04075'97 89 1 SEC. 63. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS B: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-18 12-20 24-40 36-60 51-85 72-120 12 POINTS 13 II 14 10-24 12-20 15-25 30-50 51-85 72-120 78-130 15 POINTS 16 III 17 25-34 15-25 21-35 36-60 57-95 78-130 84-140 18 POINTS 19 IV 20 35-49 21-35 24-40 45-75 72-120 84-140 87-145 21 POINTS 22 V 23 50-74 24-40 36-60 51-85 78-130 87-145 99-160 24 POINTS 25 VI 26 75+ 36-60 45-75 57-95 84-140 99-160 117-160 27 POINTS 04075'97 90 1 SEC. 64. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS C: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-12 0-18 12-20 15-25 24-40 36-60 12 POINTS 13 II 14 10-24 0-18 6-18 15-25 24-40 36-60 45-75 15 POINTS 16 III 17 25-34 12-20 15-25 24-40 36-60 45-75 54-90 18 POINTS 19 IV 20 35-49 15-25 24-40 36-60 45-75 54-90 63-105 21 POINTS 22 V 23 50-74 24-40 36-60 45-75 54-90 63-105 72-120 24 POINTS 25 VI 26 75+ 36-60 45-75 54-90 63-105 72-120 78-120 27 POINTS 04075'97 91 1 SEC. 65. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS D: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-6 0-9 0-12 0-18 6-24 12-24 12 POINTS 13 II 14 10-24 0-9 0-12 0-18 6-24 12-24 24-40 15 POINTS 16 III 17 25-34 0-12 0-18 6-24 12-24 24-40 36-60 18 POINTS 19 IV 20 35-49 0-18 6-24 12-24 24-40 36-60 42-70 21 POINTS 22 V 23 50-74 6-24 12-24 24-40 36-60 42-70 48-80 24 POINTS 25 VI 26 75+ 12-24 24-40 36-60 42-70 48-80 54-80 27 POINTS 04075'97 92 1 SEC. 66. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS E: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-3 0-6 0-9 6-24 9-24 12-24 12 POINTS 13 II 14 10-24 0-6 0-9 0-12 9-24 12-24 15-25 15 POINTS 16 III 17 25-34 0-9 0-12 0-18 12-24 15-25 18-30 18 POINTS 19 IV 20 35-49 0-12 0-18 6-24 15-25 18-30 24-40 21 POINTS 22 V 23 50-74 0-15 6-24 9-24 18-30 24-40 27-40 24 POINTS 25 VI 26 75+ 0-18 9-24 15-25 24-40 27-40 30-40 27 POINTS 04075'97 93 1 SEC. 67. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS F: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-3 0-6 0-9 3-18 6-24 12-24 12 POINTS 13 II 14 10-34 0-6 0-9 0-18 6-24 12-24 15-25 15 POINTS 16 III 17 35-74 0-9 0-18 3-18 12-24 15-25 18-30 18 POINTS 19 IV 20 75+ 0-18 3-18 6-24 15-25 18-30 21-32 21 POINTS 04075'97 94 1 SEC. 68. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS G: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-3 0-6 0-9 0-12 0-18 3-18 12 POINTS 13 II 14 10-15 0-6 0-9 0-12 0-18 3-18 6-24 15 POINTS 16 III 17 16+ 0-9 0-12 0-18 3-18 6-24 9-24 18 POINTS 04075'97 95 1 SEC. 69. THE FOLLOWING ARE THE MINIMUM SENTENCE RANGES FOR 2 CLASS H: 3 PRIOR RECORD VARIABLE LEVEL 4 A B C D E F 5 0 1-9 10-24 25-49 50-74 75+ 6 POINTS POINTS POINTS POINTS POINTS POINTS 7 OFFENSE 8 VARIABLE 9 LEVEL 10 I 11 0-9 0-1 0-3 0-6 0-9 0-12 0-18 12 POINTS 13 II 14 10-15 0-3 0-6 0-9 0-12 0-18 3-18 15 POINTS 16 III 17 16+ 0-6 0-9 0-12 0-18 3-18 6-18 18 POINTS 19 CHAPTER XI 20 Sec. 14. (1) Before the court sentences a person charged 21 with a felony or a person who is a licensee or registrant under 22 article 15 of the public health code,Act No. 368 of the Public23Acts of 1978, being sections 333.16101 to 333.18838 of the24Michigan Compiled Laws1978 PA 368, MCL 333.16101 TO 333.18838, 25 as described in section 1(11) of chapter IX, and, if directed by 26 the court, in any other case in which a person is charged with a 27 misdemeanor within the jurisdiction of the court, the probation 28 officer shall inquire into the antecedents, character, and cir- 29 cumstances of the person, and shall report in writing to the 30 court. 31 (2) A presentence investigation report preparedpursuant32toUNDER subsection (1) shall include all of the following: 04075'97 96 1 (a) An evaluation of and a prognosis for the person's 2 adjustment in the community based on factual information con- 3 tained in the report. 4 (b) If requested by a victim, any written impact statement 5 submitted by the victimpursuant toUNDER the crime victim's 6 rights act,Act No. 87 of the Public Acts of 1985, being7sections 780.751 to 780.834 of the Michigan Compiled Laws1985 8 PA 87, MCL 780.751 TO 780.834. 9 (c) A specific written recommendation for disposition based 10 on the evaluation and other information as prescribed by the 11 assistant director of the department of corrections in charge of 12 probation. 13 (d) A statement prepared by the prosecuting attorney as to 14 whether consecutive sentencing is required or authorized by law. 15 (e) For a person to be sentencedpursuant toUNDER the 16 sentencing guidelinesenacted into law pursuant to section 3317ofSET FORTH IN chapterIXIXA, all of the following: 18 (i) For each conviction entered, the sentence grid IN PART 6 19 OF CHAPTER IXA that contains theappropriateRECOMMENDED mini- 20 mum sentencerangeRANGES. 21 (ii) The computation that determines theappropriate22 RECOMMENDED minimum sentence range for each conviction entered. 23 (iii) A specific statement as to the applicability of inter- 24 mediate sanctions, as defined in section 31 of chapter IX. 25 (iv) The recommended sentence. 26 (f) If a person is to be sentenced for A FELONY OR FOR a 27 misdemeanor involving the illegal delivery, possession, or use of 04075'97 97 1 alcohol or a controlled substance,or a felony,a statement 2 that the person is licensed or registered under article 15 of the 3 public health code,Act No. 368 of the Public Acts of 1978,4being sections 333.16101 to 333.18838 of the Michigan Compiled5Laws1978 PA 368, MCL 333.16101 TO 333.18838, if applicable. 6 (g) Diagnostic opinions that are available and not exempted 7 from disclosure under subsection (3). 8 (3) The court may exempt from disclosure in the presentence 9 investigation report information or a diagnostic opinion that 10 might seriously disrupt a program of rehabilitation or sources of 11 information obtained on a promise of confidentiality. If a part 12 of the presentence investigation report is not disclosed, the 13 court shall state on the record the reasons for its action and 14 inform the defendant and his or her attorney that information has 15 not been disclosed. The action of the court in exempting infor- 16 mation from disclosure is subject to appellate review. 17 Information or a diagnostic opinion exempted from disclosure pur- 18 suant to this subsection shall be specifically noted in the pre- 19 sentence investigation report. 20 (4) The court shall permit the prosecutor, the defendant's 21 attorney, and the defendant to review the presentence investiga- 22 tion report before sentencing. 23 (5) At the time of sentencing, either party may challenge, 24 on the record, the accuracy or relevancy of any information con- 25 tained in the presentence investigation report. The court may 26 order an adjournment to permit the parties to prepare a challenge 27 or a response to a challenge. If the court finds on the record 04075'97 98 1 that the challenged information is inaccurate or irrelevant, that 2 finding shall be made a part of the record, the presentence 3 investigation report shall be amended, and the inaccurate or 4 irrelevant information shall be stricken accordingly before the 5 report is transmitted to the department of corrections. 6 (6) On appeal, the defendant's attorney, or the defendant if 7 proceeding pro se, shall be provided with a copy of the presen- 8 tence investigation report and any attachments to the report with 9 the exception of any information exempted from disclosure, on10the record,by the courtpursuant toUNDER subsection (3). 11 (7) If the person is committed to a state penal institution, 12 a copy or amended copy of the presentence investigation report 13 and, if a psychiatric examination of the person has been made for 14 the court, a copy of the psychiatric report shall accompany the 15 commitment papers. If the person is sentenced by fine or impris- 16 onment or placed on probation or other disposition of his or her 17 case is made by the court, a copy or amended copy of the presen- 18 tence investigation report, including a psychiatric examination 19 report made in the case, shall be filed with the department of 20 corrections. 21 (8) A prisoner under the jurisdiction of the department of 22 corrections shall be provided with a copy of any presentence 23 investigation report in the department's possession about that 24 prisoner, except for information exempted from disclosure 25pursuant toUNDER subsection (3), not less than 30 days before 26 a parole interview is conductedpursuant toUNDER section 35 of 04075'97 99 1Act No. 232 of the Public Acts of 1953, being section 791.235 of2the Michigan Compiled Laws1953 PA 232, MCL 791.235. 04075'97 Final page. TVD