Act No. 279

Public Acts of 2000

Approved by the Governor

July 7, 2000

Filed with the Secretary of State

July 10, 2000

EFFECTIVE DATE: October 1, 2000

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senator Van Regenmorter

ENROLLED SENATE BILL No. 373

AN ACT to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 34 of chapter IX, section 14 of chapter XI, and sections 1, 11, 12, 13, 14, 15, 16a, 16b, 16c, 16d, 16f, 16g, 16h, 16i, 16k, 16l, 16m, 16o, 16p, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 16z, 17, 18, 19, 21, 22, 33, 35, 43, 48, 54, and 55 of chapter XVII (MCL 769.34, 771.14, 777.1, 777.11, 777.12, 777.13, 777.14, 777.15, 777.16a, 777.16b, 777.16c, 777.16d, 777.16f, 777.16g, 777.16h, 777.16i, 777.16k, 777.16l, 777.16m, 777.16o, 777.16p, 777.16r, 777.16s, 777.16t, 777.16u, 777.16v, 777.16w, 777.16x, 777.16y, 777.16z, 777.17, 777.18, 777.19, 777.21, 777.22, 777.33, 777.35, 777.43, 777.48, 777.54, and 777.55), section 34 of chapter IX as amended by 1999 PA 227, section 14 of chapter XI as amended and sections 1, 12, 14, 15, 16a, 16b, 16c, 16h, 16i, 16k, 16m, 16o, 16p, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 18, 19, 21, 22, 33, 35, 54, and 55 of chapter XVII as added by 1998 PA 317, section 11 of chapter XVII as amended by 1999 PA 90, section 13 of chapter XVII as amended by 1999 PA 61, section 16d of chapter XVII as amended by 1999 PA 192, section 16f of chapter XVII as amended by 1999 PA 45, section 16g of chapter XVII as amended by 1999 PA 39, section 16l of chapter XVII as amended by 1999 PA 168, section 16z of chapter XVII as amended by 1999 PA 186, section 17 of chapter XVII as amended by 1999 PA 67, and sections 43 and 48 of chapter XVII as amended by 1999 PA 227.

The People of the State of Michigan enact:

CHAPTER IX

Sec. 34. (1) The sentencing guidelines promulgated by order of the Michigan supreme court shall not apply to felonies enumerated in part 2 of chapter XVII committed on or after January 1, 1999.

(2) Except as otherwise provided in this subsection or for a departure from the appropriate minimum sentence range provided for under subsection (3), the minimum sentence imposed by a court of this state for a felony enumerated in part 2 of chapter XVII committed on or after January 1, 1999 shall be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed. Both of the following apply to minimum sentences under this subsection:

(a) If a statute mandates a minimum sentence for an individual sentenced to the jurisdiction of the department of corrections, the court shall impose sentence in accordance with that statute. Imposing a mandatory minimum sentence is not a departure under this section. If a statute mandates a minimum sentence for an individual sentenced to the jurisdiction of the department of corrections and the statute authorizes the sentencing judge to depart from that minimum sentence, imposing a sentence that exceeds the recommended sentence range but is less than the mandatory minimum sentence is not a departure under this section. If the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, mandates a minimum sentence for an individual sentenced to the jurisdiction of the department of corrections and the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, authorizes the sentencing judge to impose a sentence that is less than that minimum sentence, imposing a sentence that exceeds the recommended sentence range but is less than the mandatory minimum sentence is not a departure under this section.

(b) The court shall not impose a minimum sentence, including a departure, that exceeds 2/3 of the statutory maximum sentence.

(3) A court may depart from the appropriate sentence range established under the sentencing guidelines set forth in chapter XVII if the court has a substantial and compelling reason for that departure and states on the record the reasons for departure. All of the following apply to a departure:

(a) The court shall not use an individual's gender, race, ethnicity, alienage, national origin, legal occupation, lack of employment, representation by appointed legal counsel, representation by retained legal counsel, appearance in propria persona, or religion to depart from the appropriate sentence range.

(b) The court shall not base a departure on an offense characteristic or offender characteristic already taken into account in determining the appropriate sentence range unless the court finds from the facts contained in the court record, including the presentence investigation report, that the characteristic has been given inadequate or disproportionate weight.

(4) Intermediate sanctions shall be imposed under this chapter as follows:

(a) If the upper limit of the recommended minimum sentence range for a defendant determined under the sentencing guidelines set forth in chapter XVII is 18 months or less, the court shall impose an intermediate sanction unless the court states on the record a substantial and compelling reason to sentence the individual to the jurisdiction of the department of corrections. An intermediate sanction may include a jail term that does not exceed the upper limit of the recommended minimum sentence range or 12 months, whichever is less.

(b) If the offense is a violation of section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and the upper limit of the recommended minimum sentence range is 18 months or less, the court shall impose a sentence of life probation absent a departure.

(c) If an attempt to commit a felony designated in offense class H in part 2 of this chapter is punishable by imprisonment for more than 1 year, the court shall impose an intermediate sanction upon conviction of that offense absent a departure.

(d) If the upper limit of the recommended minimum sentence exceeds 18 months and the lower limit of the recommended minimum sentence is 12 months or less, the court shall sentence the offender as follows absent a departure:

(i) To imprisonment with a minimum term within that range.

(ii) To an intermediate sanction that may include a term of imprisonment of not more than 12 months.

(5) If a crime has a mandatory determinant penalty or a mandatory penalty of life imprisonment, the court shall impose that penalty. This section does not apply to sentencing for that crime.

(6) As part of the sentence, the court may also order the defendant to pay any combination of a fine, costs, or applicable assessments. The court shall order payment of restitution as provided by law.

(7) If the trial court imposes on a defendant a minimum sentence that is longer or more severe than the appropriate sentence range, as part of the court's advice of the defendant's rights concerning appeal, the court shall advise the defendant orally and in writing that he or she may appeal the sentence as provided by law on grounds that it is longer or more severe than the appropriate sentence range.

(8) All of the following shall be part of the record filed for an appeal of a sentence under this section:

(a) An entire record of the sentencing proceedings.

(b) The presentence investigation report. Any portion of the presentence investigation report exempt from disclosure by law shall not be a public record.

(c) Any other reports or documents the sentencing court used in imposing sentence.

(9) An appeal of a sentence under this section does not stay execution of the sentence.

(10) If a minimum sentence is within the appropriate guidelines sentence range, the court of appeals shall affirm that sentence and shall not remand for resentencing absent an error in scoring the sentencing guidelines or inaccurate information relied upon in determining the defendant's sentence. A party shall not raise on appeal an issue challenging the scoring of the sentencing guidelines or challenging the accuracy of information relied upon in determining a sentence that is within the appropriate guidelines sentence range unless the party has raised the issue at sentencing, in a proper motion for resentencing, or in a proper motion to remand filed in the court of appeals.

(11) If, upon a review of the record, the court of appeals finds the trial court did not have a substantial and compelling reason for departing from the appropriate sentence range, the court shall remand the matter to the sentencing judge or another trial court judge for resentencing under this chapter.

(12) Time served on the sentence appealed under this section is considered time served on any sentence imposed after remand.

CHAPTER XI

Sec. 14. (1) Before the court sentences a person charged with a felony or a person who is a licensee or registrant under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, as described in section 1(11) of chapter IX, and, if directed by the court, in any other case in which a person is charged with a misdemeanor within the jurisdiction of the court, the probation officer shall inquire into the antecedents, character, and circumstances of the person, and shall report in writing to the court.

(2) A presentence investigation report prepared under subsection (1) shall include all of the following:

(a) An evaluation of and a prognosis for the person's adjustment in the community based on factual information contained in the report.

(b) If requested by a victim, any written impact statement submitted by the victim under the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.

(c) A specific written recommendation for disposition based on the evaluation and other information as prescribed by the assistant director of the department of corrections in charge of probation.

(d) A statement prepared by the prosecuting attorney as to whether consecutive sentencing is required or authorized by law.

(e) For a person to be sentenced under the sentencing guidelines set forth in chapter XVII, all of the following:

(i) For each conviction for which a consecutive sentence is authorized or required, the sentence grid in part 6 of chapter XVII that contains the recommended minimum sentence range.

(ii) Unless otherwise provided in subparagraph (i), for each crime having the highest crime class, the sentence grid in part 6 of chapter XVII that contains the recommended minimum sentence range.

(iii) Unless otherwise provided in subparagraph (i), the computation that determines the recommended minimum sentence range for the crime having the highest crime class.

(iv) A specific statement as to the applicability of intermediate sanctions, as defined in section 31 of chapter IX.

(v) The recommended sentence.

(f) If a person is to be sentenced for a felony or for a misdemeanor involving the illegal delivery, possession, or use of alcohol or a controlled substance, a statement that the person is licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, if applicable.

(g) Diagnostic opinions that are available and not exempted from disclosure under subsection (3).

(3) The court may exempt from disclosure in the presentence investigation report information or a diagnostic opinion that might seriously disrupt a program of rehabilitation or sources of information obtained on a promise of confidentiality. If a part of the presentence investigation report is not disclosed, the court shall state on the record the reasons for its action and inform the defendant and his or her attorney that information has not been disclosed. The action of the court in exempting information from disclosure is subject to appellate review. Information or a diagnostic opinion exempted from disclosure pursuant to this subsection shall be specifically noted in the presentence investigation report.

(4) If a prepared presentence investigation report is amended or altered before sentencing by the supervisor of the probation officer who prepared the report or by any other person who has the authority to amend or alter a presentence investigation report, the probation officer may request that the court strike his or her name from the report and the court shall comply with that request.

(5) The court shall permit the prosecutor, the defendant's attorney, and the defendant to review the presentence investigation report before sentencing.

(6) At the time of sentencing, either party may challenge, on the record, the accuracy or relevancy of any information contained in the presentence investigation report. The court may order an adjournment to permit the parties to prepare a challenge or a response to a challenge. If the court finds on the record that the challenged information is inaccurate or irrelevant, that finding shall be made a part of the record, the presentence investigation report shall be amended, and the inaccurate or irrelevant information shall be stricken accordingly before the report is transmitted to the department of corrections.

(7) On appeal, the defendant's attorney, or the defendant if proceeding pro se, shall be provided with a copy of the presentence investigation report and any attachments to the report with the exception of any information exempted from disclosure by the court under subsection (3).

(8) If the person is committed to a state penal institution, a copy or amended copy of the presentence investigation report and, if a psychiatric examination of the person has been made for the court, a copy of the psychiatric report shall accompany the commitment papers. If the person is sentenced by fine or imprisonment or placed on probation or other disposition of his or her case is made by the court, a copy or amended copy of the presentence investigation report, including a psychiatric examination report made in the case, shall be filed with the department of corrections.

(9) A prisoner under the jurisdiction of the department of corrections shall be provided with a copy of any presentence investigation report in the department's possession about that prisoner, except for information exempted from disclosure under subsection (3), not less than 30 days before a parole interview is conducted under section 35 of 1953 PA 232, MCL 791.235.

CHAPTER XVII

Sec. 1. As used in this chapter:

(a) "Aircraft" means that term as defined in section 4 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.4.

(b) "Departure" means that term as defined in section 31 of chapter IX.

(c) "Homicide" means any crime in which the death of a human being is an element of that crime.

(d) "Intermediate sanction" means that term as defined in section 31 of chapter IX.

(e) "ORV" means that term as defined in section 81101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81101.

(f) "Snowmobile" means that term as defined in section 82101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101.

(g) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.49.

(h) "Vessel" means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80104.

Sec. 11. This chapter applies to the following felonies enumerated in chapters 1 to 199 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
4.421(1)Pub trstGLobbyists -- compensation contingent on outcome
of action 3
4.421(2)Pub trstGLobbyists giving gifts 3
18.366(1)PropertyEFalse presentation to crime victim services
commission to obtain more than $10010
18.1268(9)Pub trstHPurposefully submitting false business certification Fine
21.154Pub trstEPublic officer -- embezzlement 5
28.214(4)(b)Pub trstFUnauthorized disclosure of information from law
enforcement information network -- subsequent
offense 4
28.293(1)Pub ordEFalse information when applying for state ID 5
28.293(2)Pub ordDFalse information when applying for state ID --
second offense 7
28.293(3)Pub ordCFalse information when applying for state ID -- third
or subsequent offense15
28.295(1)(a)Pub ordHForging state ID card to commit felony 4
28.295(3)PropertyHUsing stolen state ID card to commit felonyVariable
28.295a(1)Pub ordHFalse representation to obtain or misuse personal
information 4
28.295a(2)Pub ordGFalse representation to obtain or misuse personal
information -- second offense 7
28.295a(3)Pub ordCFalse representation to obtain or misuse personal
information -- third or subsequent offense15
28.422Pub safGPistols -- license application forgery 4
28.729(1)(a)Pub ordFFailure to register as a sex offender, first offense 4
28.729(1)(b)Pub ordDFailure to register as a sex offender, second offense 7
28.729(1)(c)Pub ordDFailure to register as a sex offender, third or
subsequent offense10
35.929Pub trstHWillful falsification in application for veterans benefits 3
35.980Pub trstHFalse statement in application for Korean veterans
benefits 3
35.1029Pub trstHFalse statement in application for Vietnam veterans
benefits 3
38.412a(1)Pub trstHCounty employee providing answers to county civil
service exam 1
38.516Pub trstHFire and police civil service -- appointment or
employment contrary to act 2
45.82Pub trstECounty purchasing agent -- violations in awarding
bids or contracts 5
47.8Pub trstHPayment of claim against county before audit 2
47.56Pub trstHWayne County treasurer paying claims without
appropriate signature 2
51.364Pub trstHAppointment or selection contrary to civil service
commission rules 2
110.28Pub trstGFourth class cities -- misappropriation of money or
property 3
117.25(3)Pub trstEAmendment to city electors -- willfully affixing
another's signature, false rep15
125.1447PropertyGMichigan state housing development authority --
false pretenses over $10010
168.731(4)Pub trstGElection law -- filing certain false statements 2
168.734Pub trstGElection law -- election board refusing to provide
challenger conveniences 2
168.756Pub trstEElector's false statement concerning inability to
mark ballot 5
168.757Pub trstEElection inspector -- unlawful conduct 5
168.759(8)Pub trstEForged signature on absentee ballot 5
168.759bPub trstEFalse statement in application for emergency
absentee ballot 5
168.761(5)Pub trstEAssisting an absentee voter in making a false
statement 5
168.769(4)Pub trstEVoting both in person and by absentee ballot 5
168.792a(11)Pub trstEDisclosing how ballot voted or election results early
before polls are closed 5
168.792a(16)Pub trstEDisclosing election result or how ballot voted 5
168.808Pub trstEUntrue statement by member of board of inspectors 4
168.873Pub trstEMisconduct of election employee in recount-county
and local 5
168.887Pub trstEMisconduct of election employee in recount 5
168.932(a)Pub trstEBribing or intimidating voters 5
168.932(b)Pub trstEBallot tampering 5
168.932(c)Pub trstEDestroying or falsifying election return or records 5
168.932(d)Pub trstEDisclosing votes or obstructing voter 5
168.932(e)Pub trstEAbsentee ballot tampering 5
168.932(f)Pub trstEElection law -- possess absent voter ballot delivered to
another person 5
168.932(g)Pub trstESuggesting how a disabled voter should vote 5
168.932(h)Pub trstESuggesting or influencing how an absentee voter
should vote 5
168.932(i)Pub trstEOrganizing a meeting where absentee voter ballots
are to be voted 5
168.932aPub trstGElection offenses 4
168.933Pub trstEFalse swearing to register or vote 5
168.936Pub trstEElection law -- perjury 5
168.937Pub trstEElection law -- forgery 5
169.254Pub trstHCampaign finance -- corporate contributions 3
169.255Pub trstHCampaign finance -- corporate solicitation for certain
funds 3
169.266Pub trstHCampaign finance -- qualified campaign expenditures 3

Sec. 12. This chapter applies to the following felonies enumerated in chapters 200 to 299 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
205.27(1)(a)Pub trstGFailure to file or false tax return or payment 5
205.27(1)(b)Pub trstGAiding and abetting tax evasion or filing false returns 5
205.27(1)(c)Pub trstGMaking/permitting false tax returns or payments 5
205.27(3)Pub trstGFalse tax returns/perjury15
205.28(1)(e)Pub trstGState employee compromising taxes 5
205.28(1)(f)Pub trstGUnauthorized disclosure of tax information 5
205.428(2)Pub trstGTobacco products tax act violations 5
205.428(3)Pub trstGIllegal sale of cigarettes or other tobacco products
with wholesale price of $250.00 or more 5
205.428(6)Pub trstFIllegal tobacco stamp or tobacco stamp device10
205.428(7)Pub trstGIllegal vending machine license, disk, or marker 5
207.118aPub ordGGasoline tax -- embezzlement over $10010
207.119Pub trstGGasoline or motor fuel tax violation 4
207.127cPub ordGDiesel fuel tax -- embezzlement over $10010
207.754(3)Pub trstGState treasurer -- municipality tax -- divulging
confidential information 5
252.311PropertyHDestroying a tree or shrub to make a sign more visible 2
257.233a(7)Pub ordGOdometer tampering 5
257.254PropertyEPossessing stolen vehicle title10
257.257(1)PropertyGAltering or forging vehicle documents -- first offense 5
257.257(2)PropertyGAltering or forging vehicle documents -- second offense 7
257.257(3)PropertyEAltering or forging vehicle documents -- third or
subsequent offense15
257.329(1)PropertyGPossession/sale of stolen or counterfeit insurance
certificates 5
257.329(2)PropertyEPossession/sale of stolen or counterfeit insurance
certificates -- second offense 7
257.329(3)PropertyEPossession/sale of stolen or counterfeit insurance
certificates -- third or subsequent offense15
257.602a(2)Pub safGFleeing and eluding -- fourth degree 2
257.602a(3)Pub safEFleeing and eluding -- third degree 5
257.602a(4)PersonDFleeing and eluding -- second degree10
257.602a(5)PersonCFleeing and eluding -- first degree15
257.617PersonEFailure to stop at scene of a serious personal injury
accident 5
257.625(4)PersonCOperating a vehicle under the influence or while
impaired causing death15
257.625(5)PersonEOperating a vehicle under the influence or while
impaired causing serious impairment of body
function 5
257.625(7)(a)(ii)PersonEOperating a vehicle under the influence or while
impaired with a minor in the vehicle --
subsequent offense 5
257.625(8)(c)Pub safEOperating a vehicle under the influence -- third or
subsequent offense 5
257.625(9)(b)PersonEAllowing a vehicle to be operated while under the
influence or impaired causing death 5
257.625(9)(c)PersonGAllowing a vehicle to be operated while under the
influence or impaired causing serious impairment 2
257.625(10)(c)Pub safEImpaired driving -- third or subsequent offense 5
257.625k(7)Pub safDKnowingly providing false information concerning
an ignition interlock device10
257.625k(9)Pub safDFailure to report that an ignition interlock device
does not meet legal requirements10
257.625m(5)Pub safECommercial drunk driving -- third or subsequent offense 5
257.744aPub safDFalse statement in citation -- perjury15
257.902Pub safEMotor vehicle code violations 5
257.903(1)PropertyEMotor vehicle code -- false certification -- first offense 5
257.903(2)PropertyEMotor vehicle code -- false certification -- second offense 7
257.903(3)PropertyDMotor vehicle code -- false certification -- third or
subsequent offense15
257.904(4)PersonCOperating a vehicle without a license causing death15
257.904(5)PersonEOperating a vehicle without a license causing serious
impairment5
257.904(7)PersonGAllowing a vehicle to be operated without a license
causing serious impairment2
PersonEAllowing a vehicle to be operated without a license
causing death5
257.1353(2)Pub trstHMotor vehicle -- fail to record material matter
subsequent offense2
257.1354(2)Pub trstHMotor vehicle -- general violations -- subsequent
offense2
257.1355Pub trstHMotor vehicle -- fail to record transaction/falsify records2
259.183PropertyEAircraft -- unlawful taking or tampering5
259.185(4)PersonCOperating or serving as crew of aircraft while under
the influence causing death15
259.185(8)Pub safGOperating or serving as crew of aircraft while under
the influence -- third or subsequent offense5
285.82Pub trstHGrain dealers act violations5
285.279Pub trstEFalsely obtaining money -- agricultural land10
286.455(2)Pub safGAgriculture -- hazardous substance 5
287.77(1)Pub safHAgriculture -- livestock condemnation 4
287.323(1)PersonCDangerous animal causing death15
287.323(2)PersonGDangerous animal causing serious injury 4
287.679Pub ordHDead animals 1
287.744(1)Pub ordGAnimal industry act violations 5
287.855Pub safGAgriculture -- contaminating livestock/false
statement/violation of quarantine 5
287.967(5)Pub ordGCervidae producer violation 4
288.223Pub safGSale or labeling of oleomargarine violations 3
288.257Pub safGMargarine violations 3
288.284Pub trstHSelling falsely branded cheese 2
289.5107(2)Pub safFAdulterated, misbranded, or falsely identified food 4
290.629(1)PersonGWeights and measures -- assaults enforcement officer 2
290.631(3)Pub trstGWeights and measures 5
290.650PersonGMotor fuels -- assaulting/obstructing director or
authorized representative 2
290.650b(3)Pub trstHMotor fuels violations 2

Sec. 13. This chapter applies to the following felonies enumerated in chapters 300 to 399 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
324.1608PersonGResisting and obstructing conservation officer 2
324.2157(3)PropertyHState owned property -- damages of $1,000 or more180 days
324.3115(2)Pub safHWaste discharge violations -- second offense 2
324.5531(4)Pub safHKnowingly releasing pollutants 2
324.5531(5)Pub safGKnowingly releasing pollutants-- causing death or
serious bodily injury 6
324.5531(6)Pub safCKnowingly releasing pollutants -- resulting in
death or serious bodily injury15
324.8905(2)Pub safHInfectious waste/pathological waste/sharps --
littering violation 2
324.8905(3)Pub safGInfectious waste/pathological waste/sharps --
littering violation -- second offense 5
324.11151(2)Pub safHHazardous waste violations -- second or subsequent
offense 2
324.11151(3)Pub safHHazardous waste violation -- with disregard for
human life 2
324.11151(3)Pub safGHazardous waste violation -- with extreme
indifference for human life 5
324.12116(2)Pub safHWaste -- false statement or entry in a license
application 2
324.20139(3)Pub safHHazardous waste -- knowingly releases or causes
the release 2
324.21324(1)Pub safGUnderground storage tanks -- false or misleading
information 5
324.21548(1)Pub trstHFalse statement, report, claim, bid, work invoice, or
other request for payment 5
324.30316(3)Pub safHNREPA violation -- subsequent offense 2
324.31525PersonGNREPA -- imminent danger of death or serious
injury -- subsequent offense 2
324.33939(1)Pub trstHNREPA violation for commercial purposes 2
324.40118(11)Pub ordGWildlife conservation -- buying selling protected
animals -- subsequent offense 4
324.51120(2)PropertyHRemoving forest products over $2,500 3
324.51512Pub safDWillfully setting forest fires10
324.52908(3)PropertyHIllegally cutting, removing, or transporting tree or
other plant involving $1,000 or more180 days
324.61511Pub trstGFalse affidavit under NREPA 5
324.61521(1)Pub trstGEvading rule under NREPA 3
324.76107(4)Pub trstGRecovering abandoned property in Great Lakes
without permit 2
324.80130d(1)Pub ordHFalse representation to obtain personal information 4
324.80130d(2)Pub ordGFalse representation to obtain personal information --
second offense 7
324.80130d(3)Pub ordCFalse representation to obtain personal information --
third or subsequent offense15
324.80172PersonGNegligent crippling or homicide by vessel 2
324.80173PersonGFelonious operation of a vessel 2
324.80176(4)PersonCOperating a vessel under the influence causing death15
324.80176(5)PersonEOperating a vessel under the influence causing
long-term incapacitating injury 5
324.80177(1)(c)Pub safEOperating a vessel under the influence -- third or
subsequent offense 5
324.80319a(1)Pub ordHFalse representation to obtain personal information 4
324.80319a(2)Pub ordGFalse representation to obtain personal information --
second offense 7
324.80319a(3)Pub ordCFalse representation to obtain personal information --
third or subsequent offense15
324.81120(1)Pub ordHFalse representation to obtain personal information 4
324.81120(2)Pub ordGFalse representation to obtain personal information --
second offense 7
324.81120(3)Pub ordCFalse representation to obtain personal information --
third or subsequent offense15
324.81134(6)Pub safEOperating an ORV under the influence -- third or
subsequent offense 4
324.81134(7)PersonCOperating an ORV under the influence causing death15
324.81134(8)PersonEOperating an ORV under the influence causing serious
impairment 5
324.82126c(1)PersonGOperating a snowmobile carelessly or negligently
causing death or serious impairment 2
324.82126C(2)PersonGOperating a snowmobile without regard to safety
causing serious impairment 2
324.82127(4)PersonCOperating a snowmobile under the influence causing
death15
324.82127(5)PersonEOperating a snowmobile under the influence causing
long-term incapacitating injury 5
324.82128(1)(c)Pub safEOperating a snowmobile under the influence -- third or
subsequent offense 5
324.82160(1)Pub ordHFalse representation to obtain personal information 4
324.82160(2)Pub ordGFalse representation to obtain personal information --
second offense 7
324.82160(3)Pub ordCFalse representation to obtain personal information --
third or subsequent offense15
328.232PropertyEConversion of funeral contracts 5
333.2685PersonEUse of a live human embryo, fetus for nontherapeutic
research 5
333.2688PersonEResearch on dead embryo or fetus without mother's
consent 5
333.2689PersonEAbortion to obtain embryo 5
333.2690PersonESale or delivery of fetus or embryo 5
333.2813(3)Pub trstFUnauthorized disclosure of social security number --
subsequent offense 4
333.2835(9)Pub trstGDisclosing confidential information -- abortion 3
333.5210PersonFAIDS -- sexual penetration with uninformed partner 4
333.5661PersonFFraud resulting in patient death 4
333.7341(8)CSGDelivery or manufacture of imitation controlled
substance 2
333.7401(2)(a)(i)CSADelivery or manufacture of 650 or more grams of
certain schedule 1 or 2 controlled substancesLife
333.7401(2)(a)(ii)CSADelivery or manufacture of 225 or more but less
than 650 grams of certain schedule 1 or 2
controlled substances30
333.7401(2)(a)(iii)CSBDelivery or manufacture of 50 or more but less
than 225 grams of certain schedule 1 or 2
controlled substances20
333.7401(2)(a)(iv)CSDDelivery or manufacture of less than 50 grams of
certain schedule 1 or 2 controlled substances20
333.7401(2)(b)CSEDelivery or manufacture of schedule 1, 2, or 3
controlled substance except marijuana 7
333.7401(2)(c)CSFDelivery or manufacture of schedule 4 controlled
substance 4
333.7401(2)(d)(i)CSCDelivery or manufacture of 45 or more kilograms
of marijuana15
333.7401(2)(d)(ii)CSDDelivery or manufacture of 5 or more but less
than 45 kilograms of marijuana 7
333.7401(2)(d)(iii)CSFDelivery or manufacture of less than 5 kilograms or
20 plants of marijuana 4
333.7401(2)(e)CSGDelivery or manufacture of schedule 5 controlled
substance 2
333.7401(2)(f)CSDDelivery or manufacture of an official or counterfeit
prescription form20
333.7401(2)(g)CSDDelivery or manufacture of prescription or counterfeit
form (other than official) 7
333.7401aPersonBDelivering a controlled substance with intent to
commit criminal sexual conduct20
333.7402(2)(a)CSDDelivery or manufacture of an imitation controlled
substance10
333.7402(2)(b)CSEDelivery or manufacture of schedule 1, 2, or 3
imitation controlled substance 5
333.7402(2)(c)CSFDelivery or manufacture of imitation schedule 4
controlled substance 4
333.7402(2)(d)CSGDelivery or manufacture of imitation schedule 5
controlled substance 2
333.7402(2)(e)CSCDelivery or manufacture of controlled substance
analogue15
333.7403(2)(a)(i)CSAPossession of 650 or more grams of certain schedule
1 or 2 controlled substances by juvenileLife
333.7403(2)(a)(ii)CSAPossession of 225 or more but less than 650 grams
of certain schedule 1 or 2 controlled substances30
333.7403(2)(a)(iii)CSBPossession of 50 or more but less than 225 grams
of certain schedule 1 or 2 controlled substances20
333.7403(2)(a)(iv)CSGPossession of 25 or more but less than 50 grams
of certain schedule 1 or 2 controlled substances 4
333.7403(2)(a)(v)CSGPossession of less than 25 grams of certain
schedule 1 or 2 controlled substances 4
333.7403(2)(b)CSGPossession of certain schedule 1, 2, 3, or 4
controlled substances or controlled substances
analogue 2
333.7403(2)(e)CSHPossession of official prescription form 1
333.7405(a)CSGControlled substance violations by licensee 2
333.7405(b)CSGManufacturing or distribution violations by licensee 2
333.7405(c)CSGRefusing lawful inspection 2
333.7405(d)CSGMaintaining drug house 2
333.7407(1)(a)CSGControlled substance violations by licensee 4
333.7407(1)(b)CSGUse of fictitious, revoked, or suspended license
number 4
333.7407(1)(c)CSGObtaining controlled substance by fraud 4
333.7407(1)(d)CSGFalse reports under controlled substance article 4
333.7407(1)(e)CSGPossession of counterfeiting implements 4
333.7407(1)(f)CSFDisclosing or obtaining prescription information 4
333.7407(1)(g)CSFPossession of counterfeit prescription form 4
333.7407(2)CSGRefusing to furnish records under controlled
substance article 4
333.7410ACSGControlled substance offense in or near a park 2
333.10204(1)Pub ordFTransferring a human organ for valuable consideration 4
333.10204(4)Pub safFRemoval of a human organ by an unauthorized
individual 4
333.10205Pub safFRemoval of a human organ in an unapproved facility 4
333.13738(2)Pub safFWaste disposal violations -- second offense 5
333.13738(3)Pub safFDisposing of waste -- indifference to human life 2
Pub safBDisposing of waste -- extreme indifference to human
life20
333.16170(3)Pub trstFFalse representation -- health professional recovery
program 4
333.16294Pub safFHealth profession -- unauthorized practice 4
333.17766a(2)CSFPossession of steroids -- subsequent offense 4
333.17766a(3)CSEDelivery or manufacture of steroids 7
333.17766a(4)CSGDelivery of imitation steroids 7
333.17766c(2)CSGPossession of more than 10 grams ephedrine 2
333.20142(5)Pub trstFFalse statement -- application licensure health facility 4
333.21792Pub trstGNursing homes -- referral fees/bribing officials/
accepting bribes 4
338.3434A(2)Pub trstFUnauthorized disclosure of a social security number --
subsequent offense 4
388.936Pub trstFKnowingly making false statement -- school district
loans 4
388.962Pub trstFKnowingly making false statement -- school district
loans 4

Sec. 14. This chapter applies to the following felonies enumerated in chapters 400 to 499 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
400.60(2)PropertyHWelfare -- obtaining over $500 by failure to inform 4
400.603Pub trstGMedicaid fraud -- false statement in benefit/
concealing information 4
400.604Pub trstGMedicaid fraud -- kickback/referral fees 4
400.605Pub trstGMedicaid fraud -- false statement regarding
institutions 4
400.606PropertyEMedicaid fraud -- conspiracy10
400.607Pub trstGMedicaid fraud -- false claim/medically unnecessary 4
400.609PropertyDMedicaid fraud -- fourth or subsequent offense10
400.713(13)Pub safHAdult foster care -- unlicensed facility -- first
offense 2
Pub safFAdult foster care -- unlicensed facility -- second
or subsequent violation 5
400.722(4)Pub safFAdult foster care -- maintaining operation after
refusal of licensure 5
408.1035(5)PersonHMIOSHA violation causing employee death 1
PersonGMIOSHA violation causing employee death --
subsequent offense 3
408.1035a(5)PersonHMIOSHA violation causing employee death 1
PersonGMIOSHA violation causing employee death --
subsequent offense 3
409.122(2)PersonGEmployment of children during certain hours --
second offense 2
PersonEEmployment of children during certain hours --
third or subsequent offense10
409.122(3)PersonDEmployment of children in child sexually abusive
activity20
421.54(a)(ii)(B)PropertyHUnemployment comp fraud -- failure to comply
with act/rule $25,000-$100,000 2
421.54(a)(ii)(C)PropertyGUnemployment comp fraud -- failure to comply
with act/rule over $100,000 5
421.54(a)(iv)(B)PropertyHUnemployment comp fraud -- willful violation of
act/rule over $100,000 2
421.54(b)(ii)(B)PropertyHUnemployment comp fraud -- false statement or
misrepresent over $25,000 2
421.54(b)(ii)(C)PropertyHUnemployment comp fraud -- false statement or
misrepresentation without actual loss 2
421.54(d)PropertyHUnemployment comp fraud -- disclose confidential
information for financial gain 1
421.54aPropertyGUnemployment comp fraud -- false statement as
condition of employment10
421.54b(b)(i)PropertyHUnemployment comp fraud -- conspiracy with loss
of $25,000 or less 2
421.54b(b)(ii)PropertyGUnemployment comp fraud -- conspiracy with loss
over $25,000 5
421.54b(b)(iii)PropertyHUnemployment comp fraud -- conspiracy with no
actual loss 2
421.54c(b)(ii)PropertyHUnemployment comp fraud -- embezzlement of
$25,000 to under $100,000 2
421.54c(b)(iii)PropertyGUnemployment comp fraud -- embezzlement of
$100,000 or more 5
421.54c(b)(iv)PropertyHUnemployment comp fraud -- embezzlement with
no actual loss 2
431.257Pub trstGRacing, boxing and exhibition racing 2
431.307(8)Pub trstGHorse racing -- testifying falsely to commissioner
while under oath 4
431.330(4)Pub trstGHorse racing -- administering a drug that could
affect racing condition 5
431.332Pub trstGHorse racing -- influencing or attempting to influence
result of race 5
432.30PropertyGLottery -- forgery of tickets 5
432.218Pub ordDCasino gaming offenses10
436.1701(2)PersonDSelling alcohol to a minor and causing death10
436.1909(3)Pub ordHLiquor violation 1
436.1919Pub ordHFraudulent documents, labels, or stamps 1
438.41PropertyECriminal usury 5
440.9307(4)PropertyGFarming -- illegal sale of secured products 3
442.219Pub trstESales -- false statement 5
443.50Pub trstEIssuing warehouse receipt for goods not received 5
443.52Pub trstEIssuing duplicate warehouse receipt not so marked 5
444.13Pub trstHWarehousemen and warehouse receipts 2
444.107Pub trstEWarehouse certificates -- willfully alter or destroy 5
445.487(2)Pub ordHPrecious metal and gem dealer failure to record
material matter -- subsequent offense 2
445.488(2)Pub ordHPrecious metal and gem dealer violations --
subsequent offense 2
445.489Pub ordHPrecious metal and gem dealer violations 2
445.490Pub ordHPrecious metal and gem dealer failure to obtain a
certificate of registration 2
445.779Pub ordHAntitrust violation 2
445.1505Pub trstGFranchise investment law -- fraudulent filing/offers 7
445.1508Pub trstGFranchise investment law -- sale without proper
disclosure 7
445.1513Pub trstGFranchise investment law -- illegal offers/sales 7
445.1520Pub trstGFranchise investment law -- keeping records 7
445.1521Pub trstGFranchise investment law -- false representation 7
445.1523Pub trstGFranchise investment law -- false statements of
material fact 7
445.1525Pub trstGFranchise investment law -- false advertising 7
445.1528Pub trstDPyramid/chain promotions -- offer or sell 7
445.1671Pub trstEMortgage brokers, lenders -- knowingly giving a false
statement15
445.1679Pub trstHMortgage brokers act -- general violations 3
450.775Pub ordHCorporations -- minority and woman owned businesses 2
450.795Pub ordHCorporations -- handicapper business opportunity act 2
451.319Pub trstGSecurities, real estate, and debt management -- violation 2
451.434Pub trstHDebt management act -- licensee violations 2
451.501Pub trstEBlue sky laws -- fraudulent schemes/statements10
451.502Pub trstEBlue sky laws -- investment advisor/agent fraud10
451.503Pub trstEBlue sky laws -- make/sell false bullion/certificates10
451.601Pub trstEBlue sky laws -- unregistered broker/dealer/agent/
advisor10
451.603(h)Pub trstEBlue sky laws -- fail to notify administrator of
sanctions10

451.604(a)(1)(J) to
(S) and (V) to (Z)Pub trstEBlue sky laws -- various violations10
451.701Pub trstEBlue sky laws -- offer/sell unregistered securities10
451.802Pub trstEBlue sky laws -- unlawfully selling securities10
451.804Pub trstEBlue sky laws -- willful false statements10
451.805(b)Pub trstEBlue sky laws -- false representation of
administrative approval10
451.806(b)Pub trstEBlue sky laws -- improper disclosure by cor and
sec bur employee10
462.257(1)PersonATrains -- endangering travelLife
462.353(5)Pub safFOperating a locomotive under the influence --
third or subsequent offense 4
472.36Pub safAStreet railways -- obstruction of trackLife
482.44PropertyHBills of lading -- issuance for goods not received 5
482.46PropertyHBills of lading -- issuance of duplicate not so marked 5
482.48PropertyHBills of lading -- negotiation when goods not in
carriers' possession 5
482.49PropertyHBills of lading -- inducing carrier to issue when
goods have not been received 5
482.50PropertyHBills of lading -- issuance of non-negotiable bill not
so marked 5
483.226Pub trstEOfficer of a pipeline company-- intent to defraud --
stock10
487.1505(6)Pub trstEBIDCO act -- knowingly receiving money or
property at an interest rate exceeding 25% 5
492.137(a)Pub trstHInstallment sales of motor vehicles 3
493.56a(13)Pub trstCFalse statement in reports -- secondary mortgage15
493.77(2)Pub trstHRegulatory loans 3

Sec. 15. This chapter applies to the following felonies enumerated in chapters 500 to 749 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
500.1325(3)Pub trstEInsurance code -- knowingly misrepresenting false
financial condition 5
500.1371Pub trstHHolding companies -- violation 2
500.1505(2)Pub trstCInsurance code -- license and regulatory violations15
500.4511(1)Pub trstFInsurance code -- fraudulent insurance act 4
500.4511(2)Pub trstDInsurance fraud -- agreement or conspiracy to commit10
500.5252(4)PropertyGInsurance -- improper personal interest in transactions 5
500.7034(2)Pub trstEOfficer of a MEWA knowingly receive valuables for
sale property or loan10
500.8197(2)Pub trstCInsurance -- knowing or willful false statements in
application for insurance15
500.8197(3)PropertyEConsolidation merger -- compensation otherwise
than expressed in contract 5
551.6PersonHMarriage license -- mental or venereal disease 5
551.102(2)Pub trstFUnauthorized disclosure of social security number --
subsequent offense 4
554.836PropertyEReal and property -- living care disclosure act7
565.371PropertyGFraudulent conveyances -- recording with intent to
deceive3
565.827Pub trstELand sales act -- false or fraudulent statement10
570.152PropertyGContractor -- fraudulent use of building contract fund 3
570.1110PropertyFContractor -- false sworn statements over $100 4
570.1207PropertyGConstruction liens -- false information 4
600.908(8)Pub trstEImmunity to witness -- committing perjury15
600.2136Pub trstELibrary record, book, paper -- false certification in court15
600.2907aPropertyGRecording documents affecting property without lawful
cause 3
600.2916Pub safGRevised judicature act -- lethal gases for fumigation 4
600.8713Pub trstGRevised judicature act -- false statement by
authorized local officials15
600.8813Pub trstELaw enforcement officer -- knowingly making false
statement in a citation15
710.54(11)Pub trstFOffer to give other consideration -- adoption --
subsequent violation 4
710.55(1)Pub trstFAdoption -- persons not authorized placing child --
subsequent violation 4
710.69PersonFMichigan adoption law -- subsequent offense 4
711.1(8)Pub trstEIntentional false statement in petition for name change15
712A.6B(3)Pub ordGViolation of court order -- subsequent conviction 2
722.633(5)(b)PersonFIntentional false report of child abuse constituting a
felony 4
722.675Pub ordEDistributing obscene matter to children 2
722.857PersonESurrogate parenting act -- contracts involving
minors, mentally retarded, etc. 5
722.859(3)PersonESurrogate parenting act -- contracts for compensation 5

Sec. 16a. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.11PersonATaking a woman and compelling her to marryLife
750.12PersonHTaking a woman with intent to compel her to marry10
750.13PersonDEnticing female under 16 for immoral purposes10
750.14PersonCAbortion resulting in death of female15
PersonGAbortion 4
750.30Pub ordHAdultery 4
750.32Pub ordHCohabitation of divorced parties 4

Sec. 16b. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.Category Class DescriptionStat Max
750.49(2)(a) to (d) Pub ordFFighting animals or providing facilities for animal
fights 4
750.49(2)(e)Pub ordFOrganizing or promoting animal fights 4
750.49(2)(f)Pub ordHAttending animal fight 4
750.49(2)(g)Pub ordFBreeding or selling fighting animals 4
750.49(2)(h)Pub ordFSelling or possessing equipment for animal fights 4
750.49(8)PersonAInciting fighting animal resulting in deathLife
750.49(9)PersonFInciting fighting animal to attack 4
750.49(10)PersonDFighting animal attacking without provocation
and death resulting15
750.50(4)Pub ordGAnimal neglect or cruelty -- second offense 2
Pub ordFAnimal neglect or cruelty -- third or subsequent
offense 4
750.50b(2)PropertyFKilling or torturing animals 4
750.50c(5)Pub ordEKilling or causing serious physical harm to law
enforcement animal 5
750.50c(7)Pub safHHarassing or causing harm to law enforcement
animal while committing crime 2
750.68PropertyGChanging brands with intent to steal 4

Sec. 16c. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.Category Class DescriptionStat Max
750.72PersonBArson of a dwelling house20
750.73PropertyDArson of real property10
750.74PersonEArson of personal property having a value of
$1,000 to $20,000 or with prior convictions 5
750.74(1)(d)PersonDArson of personal property of $20,000 or more
or with prior convictions10
750.75PropertyDArson of insured property10
750.77(1)(c)PersonEPreparing to burn personal property having a
value of $1,000 to $20,000 or with prior
convictions 5
750.77(1)(d)PersonDPreparing to burn personal property of $20,000
or more or with prior convictions10
750.78Pub safFArson of woods and prairies 4
750.79Pub safFViolating township rules concerning clearing of
land and burning 4
750.80PropertyDArson of minesLife

Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.81(4)PersonGDomestic assault with prior convictions 2
750.81a(3)PersonGAggravated domestic assault with prior convictions 2
750.82(1)PersonFFelonious assault 4
750.82(2)PersonFFelonious assault -- weapon-free school zone 4
750.83PersonAAssault with intent to murderLife
750.84PersonDAssault with intent to do great bodily harm less
than murder10
750.86PersonDAssault with intent to maim10
750.87PersonDAssault with intent to commit a felony10
750.88PersonCAssault with intent to commit unarmed robbery15
750.89PersonAAssault with intent to commit armed robberyLife
750.90PersonDSexual intercourse under pretext of medical treatment10
750.90aPersonAAssault against a pregnant individual causing
miscarriage or stillbirth with intent or recklessnessLife
750.90b(a)PersonCAssault against a pregnant individual resulting in
miscarriage or stillbirth15
750.90b(b)PersonDAssault against a pregnant individual resulting in
great bodily harm to embryo or fetus10
750.90c(a)PersonCGross negligence against a pregnant individual
resulting in miscarriage or stillbirth15
750.90c(b)PersonEGross negligence against a pregnant individual
resulting in great bodily harm to embryo or fetus 5
750.90d(a)PersonCOperating a vehicle under the influence or while
impaired causing miscarriage or stillbirth15
750.90d(b)PersonEOperating a vehicle under the influence or while
impaired causing serious or aggravated injury to
embryo or fetus 5
750.90ePersonGCareless or reckless driving causing miscarriage or
stillbirth 2
750.90g(3)PersonAPerformance of procedure on live infant with intent
to cause deathLife
750.91PersonAAttempted murderLife

Sec. 16f. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.110PropertyDBreaking and entering with intent to commit felony
or larceny10
750.110a(2)PersonBHome invasion -- first degree20
750.110a(3)PersonCHome invasion -- second degree15
750.110a(4)PersonEHome invasion -- third degree 5
750.111PropertyEEntering without breaking with intent to commit
felony or larceny5
750.112PersonABurglary with explosivesLife
750.116PropertyEPossession of burglar's tools10
750.117Pub trstFBribing a public officer 4
750.118Pub trstDPublic officer accepting bribe10
750.119Pub trstFBribing a juror or other person 4
750.120Pub trstFJuror or other person accepting a bribe 4
750.121Pub trstFBribing a public officer to influence contract 4
750.124Pub trstGBribing an athlete 4
750.128Pub ordHBucket shop violation 2
750.131(3)(b)(ii)PropertyGNSF checks -- $100 to $500 -- third or subsequent
offense 2
750.131(3)(c)PropertyGNSF checks -- $500 or more 2
750.131a(1)PropertyHNo account checks 2
750.131a(2)PropertyHNSF checks, 3 or more within 10 days 2

Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.135PersonDExposing children with intent to injure or abandon10
750.136b(f)(2)PersonBChild abuse -- first degree15
750.136b(f)(3)PersonFChild abuse -- second degree 4
750.136b(f)(4)PersonGChild abuse -- third degree 2
750.136cPersonBBuying or selling an individual20
750.145bPersonFAccosting children for immoral purposes --
subsequent offense 4
750.145c(2)PersonBChild sexually abusive activity or materials --
active involvement20
750.145c(3)PersonDChild sexually abusive activity or materials --
distributing, promoting, or financing 7
750.145d(2)(b)VariableGUsing internet or computer to commit crime
punishable by a maximum term of imprisonment
of at least 1 year but less than 2 years 2
750.145d(2)(c)VariableFUsing internet or computer to commit crime
punishable by a maximum term of imprisonment
of at least 2 years but less than 4 years 4
750.145d(2)(d)VariableDUsing internet or computer to commit crime
punishable by a maximum term of imprisonment
of at least 4 years but less than 10 years10
750.145d(2)(e)VariableCUsing internet or computer to commit crime
punishable by a maximum term of imprisonment
of at least 10 years but less than 15 years15
750.145d(2)(f)VariableBUsing internet or computer to commit crime
punishable by a maximum term of imprisonment
of at least 15 years or for life20
750.145n(1)PersonCVulnerable adult abuse -- first degree15
750.145n(2)PersonFVulnerable adult abuse -- second degree 4
750.145n(3)PersonGVulnerable adult abuse -- third degree 2
750.145oPersonEDeath of vulnerable adult caused by unlicensed
caretaker 5
750.145p(1)PersonGVulnerable adult -- commingling funds, obstructing
investigation, or filing false information 2
750.145p(2)PersonGRetaliation or discrimination by caregiver against
vulnerable adult 2
750.145p(5)PersonEVulnerable adult -- caregiver violations -- subsequent
offense 5
750.147bPersonGEthnic intimidation 2

(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.

Sec. 16h. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.149Pub safFConcealing an offense punishable by life 4
750.157a(b)Pub ordHConspiracy -- gambling 5
750.157a(d)Pub ordGConspiracy to commit legal act in illegal manner 5
750.157b(2)PersonASolicitation of murderLife
750.157b(3)(a)Pub ordESolicitation of felony punishable by life or
5 or more years 5
750.157b(3)(b)Pub ordGSolicitation of felony punishable by less than 5 years 2
750.157n(1)PropertyHFinancial transaction device -- stealing, retaining,
or using without consent 4
750.157n(2)PropertyHPossessing fraudulent or altered financial
transaction device 4
750.157pPropertyHPossessing financial transaction device without
permission and with intent to use or sell 4
750.157qPropertyHDelivery or sale of fraudulent financial transaction device 4
750.157rPropertyHFinancial transaction device -- forgery, alteration,
or counterfeiting 4
750.157s(1)(b)(ii)PropertyHUsing revoked or canceled financial transaction
device involving $100 to $500 with prior convictions 2
750.157s(1)(c)PropertyHUse of revoked or canceled financial transaction
device involving $500 or more 2
750.157tPropertyHFurnishing goods or services to person committing
violation with financial transaction device 4
750.157uPropertyHOvercharging person using financial transaction device 4
750.157vPropertyHFalse statement of identity to obtain financial
transaction device 4
750.157w(1)(c)PropertyEFraudulently withdrawing or transferring $1,000
to $20,000 with financial transaction device 5
750.157w(1)(d)PropertyDFraudulently withdrawing or transferring $20,000
or more with financial transaction device10

Sec. 16i. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.158Pub ordESodomy15
750.159jPub safBRacketeering20
750.160Pub ordDDisinterring or mutilating dead human bodies10
750.160aPub ordHPhotographing dead human bodies 2
750.161Pub ordGDesertion/abandonment/nonsupport 3
750.164Pub ordFDesertion to escape prosecution 4
750.165Pub ordFFailing to pay support 4
750.171PersonEDuelling10
750.174(4)PropertyEEmbezzlement by agent of $1,000 to $20,000
with prior convictions 5
750.174(5)PropertyDEmbezzlement by agent of $20,000 or more
or $1,000 to $20,000 with prior convictions10
750.174a(4)PropertyEEmbezzlement by person in a relationship of
trust with a vulnerable adult of $1,000 to
$20,000 or with prior convictions 5
750.174a(5)PropertyDEmbezzlement by person in a relationship of trust
with a vulnerable adult of $20,000 or more
or $1,000 to $20,000 with prior convictions10
750.175Pub trstDEmbezzlement by public official over $5010
750.176Pub trstEEmbezzlement by administrator/executor/guardian10
750.177(2)PropertyDEmbezzlement by chattel mortgagor of $20,000
or more or $1,000 to $20,000 with prior convictions10
750.177(3)PropertyEEmbezzlement by chattel mortgagor of $1,000 to
$20,000 or with prior convictions 5
750.178(2)PropertyDEmbezzlement of mortgaged or leased property of
$20,000 or more or $1,000 to $20,000 with
prior convictions10
750.178(3)PropertyEEmbezzling mortgaged or leased property with
value of $1,000 to $20,000 or with prior convictions 5
750.179PropertyGEmbezzlement of railroad tickets 4
750.180PropertyDEmbezzlement by financial institutions20
750.181(4)PropertyEEmbezzling jointly held property with value of
$1,000 to $20,000 or with prior convictions 5
750.181(5)PropertyDEmbezzling jointly held property with value of $20,000
or more or $1,000 to $20,000 with prior convictions10
750.182PropertyGEmbezzlement by warehouses 4
750.182aPub trstHFalsifying school records 2

Sec. 16k. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.200Pub safETransporting an explosive by common carrier 5
750.200i(2)(a)Pub safCManufacturing or using a harmful device15
750.200i(2)(b)PropertyBHarmful device causing property damage20
750.200i(2)(c)PersonAHarmful device causing personal injury25
750.200i(2)(d)PersonAHarmful device causing serious impairmentLife
750.200j(2)(b)PropertyFIrritant or irritant device causing property damage 4
750.200j(2)(c)PersonDIrritant or irritant device causing personal injury10
750.200j(2)(d)PersonAIrritant or irritant device causing serious impairment25
750.200j(2)(e)PersonAIrritant or irritant device causing deathLife
750.201Pub safETransporting certain types of explosives 5
750.202Pub safFShipping an explosive with false markings or invoice 4
750.204(2)(a)Pub safCSending an explosive with malicious intent15
750.204(2)(b)PropertyBSending an explosive causing property damage20
750.204(2)(c)PersonASending an explosive causing physical injury25
750.204(2)(d)PersonASending an explosive causing serious impairmentLife
750.204aPub safESending or transporting an imitation explosive
device with malicious intent 5
750.207(2)(a)Pub safCPlacing an explosive with malicious intent15
750.207(2)(b)PropertyBPlacing an explosive causing property damage20
750.207(2)(c)PersonAPlacing an explosive causing physical injury25
750.207(2)(d)PersonAPlacing an explosive causing serious impairmentLife
750.209(1)(a)Pub safCPlacing an offensive or injurious substance with
intent to injure15
750.209(1)(b)PropertyBPlacing an offensive or injurious substance causing
property damage20
750.209(1)(c)PersonAPlacing an offensive or injurious substance causing
physical injury25
750.209(1)(d)PersonAPlacing an offensive or injurious substance causing
serious impairmentLife
750.209(2)Pub safEPlacing an offensive or injurious substance with
intent to alarm or annoy 5
750.209aPub safDPossessing an explosive device in public place10
750.210(2)(a)Pub safCPossessing or carrying an explosive or combustible
substance with malicious intent15
750.210(2)(b)PropertyBPossessing or carrying an explosive or combustible
substance causing property damage20
750.210(2)(c)PersonAPossessing or carrying an explosive or combustible
substance causing physical injury25
750.210(2)(d)PersonAPossessing or carrying an explosive or combustible
substance causing serious impairmentLife
750.210aPub safHSale of valerium 5
750.211a(2)(a)Pub safCManufacturing or possessing an explosive or
incendiary device with malicious intent15
750.211a(2)(b)PropertyBManufacturing or possessing an explosive or
incendiary device causing property damage20
750.211a(2)(c)PersonAManufacturing or possessing an explosive or
incendiary device causing physical injury25
750.211a(2)(d)PersonAManufacturing or possessing an explosive or
incendiary device causing serious impairmentLife
750.212aPersonBExplosives violation involving a vulnerable target
causing death or injury20

Sec. 16l. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.213PersonBThreats to extort money20
750.217bPub safGImpersonating public utility employee 2
750.217c(3)Pub ordHImpersonating public officer or employee 2
750.217c(4)Pub ordGImpersonating public officer or employee --
third or subsequent conviction 4
750.217dPub safCFalse representation or practice as health
professional15
750.218(4)PropertyEFalse pretenses involving $1,000 to $20,000 or
with prior convictions 5
750.218(5)PropertyDFalse pretenses involving $20,000 or more or
$1,000 to $20,000 with prior convictions10
750.219a(2)(c)PropertyETelecommunications fraud with 1 or more
prior convictions or involving a value of
$1,000 to $20,000 5
750.219a(2)(d)PropertyDTelecommunications fraud with 2 or more prior
convictions or involving a value of $20,000 or more10
750.219ePropertyFReceiving, possessing, preparing, or submitting
an unauthorized credit application or receiving or
possessing proceeds from an unauthorized credit
application 4
750.219fPropertyFReceiving with intent to forward, possessing with
intent to forward, or forwarding an unauthorized
credit application or proceeds from an unauthorized
credit application to another person 4

Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.223(2)Pub safFSale of firearm to minor -- subsequent offense 4
750.223(3)Pub ordDSale of firearm to person prohibited from possessing10
750.224Pub safEManufacture or sale of silencer, bomb, blackjack,
automatic weapon, gas spray, etc. 5
750.224aPub safFPossession or sale of electrical current weapons 4
750.224bPub safEPossession of short barreled shotgun or rifle 5
750.224cPub safFArmor piercing ammunition 4
750.224d(2)PersonGUsing self-defense spray device 2
750.224ePub safFManufacture/sale/possession of devices to convert
semiautomatic weapons 4
750.224fPub safEPossession or sale of firearm by felon 5
750.226Pub safECarrying firearm or dangerous weapon with
unlawful intent 5
750.227Pub safECarrying a concealed weapon 5
750.227aPub safFUnlawful possession of pistol 4
750.227cPub safGPossessing a loaded firearm in or upon a vehicle 2
750.227fPub safFWearing body armor during commission of violent crime 4
750.227g(1)Pub safFFelon purchasing, owning, possessing, or using body
armor 4
750.230Pub safGAltering ID mark on firearm 2
750.232a(3)Pub safGFalse statement in a pistol application 4
750.234aPub safFDischarging firearm from vehicle 4
750.234bPub safFDischarging firearm in or at a building 4
750.234cPub safFDischarging firearm at emergency/police vehicle 4
750.236PersonCSetting spring gun -- death resulting15

Sec. 16o. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.271PropertyEFraudulently issuing or selling domestic securities10
750.272PropertyGSale of fraudulent stock of foreign corporations10
750.273PropertyEObtaining signature to financial document with
intent to defraud10
750.274PropertyEFraud -- purchasing/collecting on fraudulent
financial document10
750.276PropertyGFraud -- promise to vendee of grain at fictitious
price 4
750.277Pub trstGPromise to vendee of grain to sell at a fictitious
price -- sale and transfer 4
750.278PropertyGFraud -- warehouse receipts 5
750.279PropertyGFraud -- disposition of exhausted property 4
750.280PropertyEGross frauds/cheats at common law10
750.282Pub ordGPublic utility -- fraudulent use over $500 4
750.300Pub ordGAnimals -- killing/injuring to defraud insurance company 2
750.300a(1)(a)PropertyGFood stamp fraud -- $250 or less -- second offense 5
PropertyGFood stamp fraud -- $250 or less -- third or
subsequent offense10
750.300a(1)(b)PropertyEFood stamp fraud -- more than $250 to $1,000 5
PropertyEFood stamp fraud -- more than $250 to $1,000 --
subsequent offense10
750.300a(1)(c)PropertyEFood stamp fraud -- over $1,00010
750.303Pub ordHGambling 2
750.313Pub ordHGambling -- stocks/bonds/commodities 2

Sec. 16p. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.317PersonM2Second degree murderLife
750.321PersonCManslaughter15
750.322PersonCWillful killing of unborn quick child15
750.323PersonCAbortion resulting in death15
750.324PersonGNegligent homicide 2
750.327PersonADeath by explosives on vehicle or vesselLife
750.328PersonADeath by explosives in or near buildingLife
750.329PersonCHomicide -- weapon aimed with intent but not malice15
750.329aPersonEAssisting a suicide 5

Sec. 16r. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.356(2)PropertyDLarceny involving $20,000 or more or with prior
convictions10
750.356(3)PropertyELarceny involving $1,000 to $20,000 or with prior
convictions 5
750.356a(1)PropertyGLarceny from a motor vehicle 5
750.356a(2)(c)PropertyEBreaking and entering a vehicle to steal $1,000 to
$20,000 or with prior convictions 5
750.356a(2)(d)PropertyDBreaking and entering a vehicle to steal $20,000 or
more or with prior convictions10
750.356a(3)PropertyGBreaking and entering a vehicle to steal causing
damage 5
750.356bPropertyGBreaking and entering a coin telephone 4
750.356cPropertyERetail fraud -- first degree 5
750.357PersonDLarceny from the person10
750.357aPropertyGLarceny of livestock 4
750.357bPropertyELarceny -- stealing firearms of another 5
750.358PropertyGLarceny from burning building 5
750.360PropertyGLarceny in a building 4
750.361PropertyHTrains -- stealing/maliciously removing parts 2
750.362PropertyELarceny by conversion involving $1,000 to $20,000
or with prior convictions 5
PropertyDLarceny by conversion involving $20,000 or more
or with prior convictions10
750.362a(2)PropertyDLarceny of rental property involving $20,000 or
more or with prior convictions10
750.362a(3)PropertyELarceny of rental property involving $1,000 to
$20,000 or with prior convictions 5
750.363PropertyELarceny by false personation involving $1,000 to
$20,000 or with prior convictions 5
PropertyDLarceny by false personation involving $20,000 or more10
750.365PersonDLarceny from car or persons detained or injured
by accident20
750.366PropertyGLarceny of railroad tickets 4
750.367PropertyELarceny of trees or shrubs involving $1,000 to
$20,000 or with prior convictions 5
PropertyDLarceny of a tree or shrub involving $20,000 or more
or with prior convictions10
750.367bPropertyEAirplanes -- taking possession 5
750.368(5)Pub ordGPreparing, serving, or executing unauthorized
process -- third or subsequent offense 4
750.372Pub ordHRunning or allowing lottery 2
750.373Pub ordHSelling or possessing lottery tickets 2
750.374Pub ordHLottery violations -- subsequent offense 4

Sec. 16s. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.377a(1)(A)PropertyDMalicious destruction of personal property
involving $20,000 or more or with prior
convictions10
750.377a(1)(B)PropertyEMalicious destruction of personal property
involving $1,000 to $20,000 or with prior
convictions 5
750.377bPropertyFMalicious destruction of fire/police property 4
750.377cPropertyESchool bus -- intentional damage 5
750.378PropertyFMalicious destruction of property -- dams/canals/
mills 4
750.379PropertyFMalicious destruction of property -- bridges/
railroads/locks 4
750.380(2)PropertyDMalicious destruction of building involving $20,000
or more or with prior convictions10
750.380(3)PropertyEMalicious destruction of a building involving $1,000
to $20,000 or with prior convictions 5
750.382(1)(c)PropertyEMalicious destruction of plants or turf involving
$1,000 to $20,000 or with prior convictions 5
750.382(1)(d)PropertyDMalicious destruction of plants or turf involving
$20,000 or more or with prior convictions10
750.383aPropertyFMalicious destruction of utility equipment 4
750.386PropertyEMalicious destruction of mine property20
750.387(5)PropertyEMalicious destruction of a tomb or memorial
involving $1,000 to $20,000 or with
prior convictions 5
750.387(6)PropertyDMalicious destruction of a tomb or memorial
involving $20,000 or more or with
prior convictions10
750.392PropertyEMalicious destruction of property -- vessels10
750.397PersonDMayhem10
750.397aPersonDPlacing harmful objects in food10
750.405Pub safEInciting soldiers to desert 5
750.406Pub safEMilitary stores -- larceny, embezzlement or destruction 5

Sec. 16t. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.410aPersonGConspiracy to commit a person to state hospital
unjustly 4
750.411a(1)(b)Pub ordFFalse report of a felony 4
750.411a(2)Pub ordFFalse report of a bombing or threat to bomb 4
750.411bPub trstGExcess fees to members of legislature 4
750.411h(2)(b)PersonEStalking of a minor 5
750.411i(3)(a)PersonEAggravated stalking 5
750.411i(3)(b)PersonDAggravated stalking of a minor10
750.411lPub ordHMoney laundering -- fourth degree 2
750.411mPub ordEMoney laundering -- third degree 5
750.411nPub ordDMoney laundering -- second degree10
750.411oPub ordBMoney laundering -- first degree20
750.411p(2)(a)PropertyBMoney laundering of proceeds from controlled
substance offense involving $10,000 or more20
750.411p(2)(b)PropertyDMoney laundering of proceeds from controlled
substance offense or other proceeds involving
$10,000 or more10
750.411p(2)(c)PropertyEMoney laundering -- transactions involving represented
proceeds 5

Sec. 16u. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.413PropertyEUnlawful driving away of an automobile 5
750.414PropertyHUnlawful use of an automobile 2
750.415(2)PropertyGMotor vehicles -- conceal/misrepresent identity
with intent to mislead 4
750.415(5)PropertyGMotor vehicles -- buy/sell/exchange/give away
paraphernalia capable of changing/misrepresenting
identity4
750.415(6)PropertyEMotor vehicles -- buy/receive/obtain a motor
vehicle or motor vehicle part with intent to
sell or dispose knowing the VIN has been
removed or altered10
750.417PropertyHMotor vehicle -- mortgaged -- removal from state 4
750.418PropertyHRemoving a vehicle out of state without vendor's
consent 4
750.420Pub safHMotor vehicle -- equipping to release smoke/gas 4
750.421Pub safHMotor vehicle -- designed for attack 5
750.421bPub safHHinder transport of farm/commercial products --
subsequent offense 2

Sec. 16v. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.422Pub trstCPerjury committed in court -- noncapital crime15
Pub trstBPerjury committed in court -- capital crimeLife
750.423Pub trstEPerjury by falsely swearing15
750.424Pub trstCSubornation of perjury15
750.425Pub trstEInciting or procuring perjury but perjury not
committed 5
750.430aPersonDHuman cloning10
750.436(1)PersonEPoisoning food/drink/wells 5
750.436(2)PersonAPoison -- food/drink/medicine/wells -- large
amounts/injuryLife
750.436(3)Pub safHPoison -- Malicious false statement of poisoning 2
750.439Pub ordGPolygamy 4
750.440Pub ordGPolygamy -- knowingly entering a prohibited
marriage 4
750.441Pub ordGTeaching or advocating polygamy 4
750.442Pub ordGParticipating in prizefights 4
750.443Pub ordGPrizefights -- training 4

Sec. 16w. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.451Pub ordGProstitution -- various offenses -- third or
subsequent offense 2
750.452Pub ordEKeeping a house of prostitution 5
750.455Pub ordGPandering20
750.456PersonBPlacing spouse into prostitution20
750.457Pub ordGAccepting earnings of a prostitute20
750.458PersonBProstitution -- detaining female for debt20
750.459PersonBTransporting a female for prostitution20

Sec. 16x. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.478a(2)Pub ordHUnauthorized process to obstruct a public officer
or employee 2
750.478a(3)Pub ordGUnauthorized process to obstruct a public officer or
employee -- subsequent offense 4
750.479PersonGResisting or obstructing a peace officer 2
750.479a(2)Pub safGFleeing and eluding -- fourth degree 2
750.479a(3)Pub safEFleeing and eluding -- third degree 5
750.479a(4)PersonDFleeing and eluding -- second degree10
750.479a(5)PersonCFleeing and eluding -- first degree15
750.479a(6)PersonHAssaulting peace officer 2
750.479b(1)PersonFDisarming peace officer -- nonfirearm 4
750.479b(2)PersonDDisarming peace officer -- firearm10
750.480Pub trstFPublic officers -- refusing to turn over books/money
to successor 4
750.488Pub trstHPublic officers -- state official -- retaining fees 2
750.490Pub trstHPublic money -- safekeeping 2
750.491Pub trstHPublic records -- removal/mutilation/destruction 2
750.492a(1)(a)Pub trstGMedical record -- intentional place false information --
health care provider 4
750.492a(2)Pub trstGMedical record -- health care provider alter conceal
injury/death 4
750.495a(2)PersonFConcealing objects in trees or wood products --
causing injury 4
750.495a(3)PersonCConcealing objects in trees or wood products --
causing death15
750.505Pub ordECommon law offenses 5
750.511PersonABlocking or wrecking railroad trackLife
750.512PropertyEUncoupling railroad cars10
750.513PropertyHIssuing fraudulent railroad securities10
750.514PropertyHSeizing locomotive with mail car10
750.516PersonCStopping train to robLife
750.517PersonCBoarding train to robLife

Sec. 16y. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.520bPersonAFirst degree criminal sexual conductLife
750.520cPersonCSecond degree criminal sexual conduct15
750.520dPersonBThird degree criminal sexual conduct15
750.520ePersonGFourth degree criminal sexual conduct 2
750.520g(1)PersonDAssault with intent to commit sexual penetration10
750.520g(2)PersonEAssault with intent to commit sexual contact 5
750.528Pub safFDestroying dwelling house or other property 4
750.528aPub safFCivil disorders -- firearms/explosives 4
750.529PersonAArmed robberyLife
750.529aPersonACarjackingLife
750.530PersonCUnarmed robbery15
750.531PersonCBank robbery/safebreakingLife
750.532PersonHSeduction 5

Sec. 16z. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
750.535(2)PropertyDReceiving or concealing stolen property having a
value of $20,000 or more or with prior convictions10
750.535(3)PropertyEReceiving or concealing stolen property having a
value of $1,000 to $20,000 or with prior convictions 5
750.535a(2)Pub ordDOperating a chop shop10
750.535a(3)Pub ordDOperating a chop shop, subsequent violation10
750.535bPub safEStolen firearms or ammunition10
750.539cPub ordHEavesdropping 2
750.539dPub ordHInstalling eavesdropping device 2
750.539ePub ordHDivulging or using information obtained by
eavesdropping 2
750.539fPub ordHManufacture or possession of eavesdropping device 2
750.540Pub ordHTapping or cutting telephone lines 2
750.540c(3)PropertyFManufacturing or delivering a counterfeit
communications device 4
750.540f(2)PropertyEKnowingly publishing a communications access
device with prior convictions 5
750.540g(1)(c)PropertyEDiverting telecommunications services having a
value of $1,000 to $20,000 or with prior convictions 5
750.540g(1)(d)PropertyDDiverting telecommunications services having a
value of $20,000 or more or with prior convictions10
750.545Pub ordEMisprision of treason 5
750.552bPropertyFTrespassing on correctional facility property 4

Sec. 17. (1) This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws:
M.C.L.CategoryClassDescriptionStat Max
752.191Pub safGFelonious driving 2
752.365(3)Pub ordGObscenity -- subsequent offense 2
752.541Pub safDRiot10
752.542Pub safDIncitement to riot10
752.542aPub safDRiot in state correctional facilities10
752.543Pub safGUnlawful assembly 5
752.797(1)(c)PropertyEComputer fraud -- 2 prior convictions or value
of $1,000 to $20,000 5
752.797(1)(d)PropertyDComputer fraud -- 3 or more prior convictions
or value of $20,000 or more10
752.797(2)(a)PropertyEUnlawfully accessing computer, computer system,
or computer program 5
752.797(2)(b)PropertyDUnlawfully accessing computer, computer system,
or computer program, with prior conviction10
752.797(3)(b)VariableGUsing computer to commit crime punishable by a
maximum term of imprisonment of more than
1 year but less than 2 years 2
752.797(3)(c)VariableFUsing computer to commit crime punishable by a
maximum term of imprisonment of at least 2 years
but less than 4 years 4
752.797(3)(d)VariableDUsing computer to commit crime punishable by a
maximum term of imprisonment of at least 4 years
but less than 10 years 7
752.797(3)(e)VariableDUsing computer to commit crime punishable by a
maximum term of imprisonment of at least 10 years
but less than 20 years10
752.797(3)(f)VariableBUsing computer to commit crime punishable by a
maximum term of imprisonment of at least 20 years
or for life20
752.802PropertyHVending machines -- manufacture/sale of slugs 5
752.811PropertyHBreaking and entering a coin operated device 3
752.861PersonGCareless discharge of firearm causing injury or death 2
752.881PersonGReckless use of bow and arrow resulting in injury
or death 2
752.1003PropertyFHealth care fraud -- false claim/state, unnecessary,
conceal information 4
752.1004PropertyFHealth care fraud -- kickbacks/referral fees 4
752.1005PropertyHHealth care fraud -- conspiracy10
752.1006PropertyDHealth care fraud -- subsequent offense20
752.1054(2)PropertyGCopying audio/video recordings for gain 5
764.1ePub trstCPeace officer -- false statement in a complaint15
767.4aPub trstFDisclosing or possessing grand jury information 4
767a.9(a)Pub trstCPerjury committed in prosecutor's investigative
hearing -- noncapital crime15
767a.9(b)Pub trstBPerjury committed in prosecutor's investigative
hearing -- capital crimeLife
800.281(1)Pub safHFurnishing prisoner with contraband 5
800.281(2)Pub safHFurnishing prisoner with contraband outside 5
800.281(3)Pub safHBringing contraband into prisons 5
800.281(4)Pub safEPrisoner possessing contraband 5
800.283(1)Pub safEFurnishing weapon to prisoner in prison 5
800.283(2)Pub safEPrisons -- knowledge of a weapon in a correctional
facility 5
800.283(3)Pub safEBringing weapon into prison 5
800.283(4)Pub safEPrisoner possessing weapon 5
801.262(1)(a)Pub safEBringing weapon into jail 5
801.262(1)(b)Pub safEFurnishing weapon to prisoner in jail 5
801.262(2)Pub safEPrisoner in jail possessing weapon 5
801.263(1)Pub safHFurnishing contraband to prisoner in jail 5
801.263(2)Pub safHPrisoner in jail possessing contraband 5

(2) For a violation of section 797(3)(b), (c), (d), (e), or (f) of 1979 PA 53, MCL 752.797, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.

Sec. 18. This chapter applies to the following felonies:
M.C.L.CategoryDescriptionStat Max
333.7410CSControlled substance offense on or near
school propertyVariable
333.7413(2) or (3)Pub trstSubsequent controlled substance violationsVariable
333.7416(1)(a)CSRecruiting or inducing a minor to commit
a controlled substance felonyVariable
750.157a(a)Pub safConspiracyVariable
750.157cPersonInducing minor to commit a felonyVariable
750.188Pub ordVoluntarily suffering prisoner to escapeVariable
750.237aPub safFelony committed in a weapon-free school zoneVariable
750.367aPropertyLarceny of rationed goodsVariable

Sec. 19. (1) This chapter applies to an attempt to commit an offense enumerated in this part if the attempted violation is a felony. This chapter does not apply to an attempt to commit a class H offense enumerated in this part.

(2) For an attempt to commit an offense enumerated in this part, the offense category is the same as the attempted offense.

(3) For an attempt to commit an offense enumerated in this part, the offense class is as follows:

(a) Class E if the attempted offense is in class A, B, C, or D.

(b) Class H if the attempted offense is in class E, F, or G.

Sec. 21. (1) For an offense enumerated in part 2 of this chapter, determine the recommended minimum sentence range as follows:

(a) Find the offense category for the offense from part 2 of this chapter. From section 22 of this chapter, determine the offense variables to be scored for that offense category and score only those offense variables for the offender as provided in part 4 of this chapter. Total those points to determine the offender's offense variable level.

(b) Score all prior record variables for the offender as provided in part 5 of this chapter. Total those points to determine the offender's prior record variable level.

(c) Find the offense class for the offense from part 2 of this chapter. Using the sentencing grid for that offense class in part 6 of this chapter, determine the recommended minimum sentence range from the intersection of the offender's offense variable level and prior record variable level. The recommended minimum sentence within a sentencing grid is shown as a range of months or life.

(2) If the defendant was convicted of multiple offenses, subject to section 14 of chapter IX, score each offense as provided in this part.

(3) If the offender is being sentenced under section 10, 11, or 12 of chapter IX, determine the offense category, offense class, offense variable level, and prior record variable level based on the underlying offense. To determine the recommended minimum sentence range, increase the upper limit of the recommended minimum sentence range determined under part 6 for the underlying offense as follows:

(a) If the offender is being sentenced for a second felony, 25%.

(b) If the offender is being sentenced for a third felony, 50%.

(c) If the offender is being sentenced for a fourth or subsequent felony, 100%.

(4) If the offender is being sentenced for a violation described in section 18 of this chapter, determine the offense class, offense variable level, and prior record variable level based on the underlying offense.

(5) If the offender is being sentenced for an attempted felony described in section 19 of this chapter, determine the offense variable level and prior record variable level based on the underlying attempted offense.

Sec. 22. (1) For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, and 19. Score offense variables 5 and 6 for homicide, attempted homicide, or assault with intent to commit murder. Score offense variable 16 under this subsection for a violation or attempted violation of section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score offense variables 17 and 18 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

(2) For all crimes against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, and 19.

(3) For all crimes involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14, 15, and 19.

(4) For all crimes against public order and all crimes against public trust, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19.

(5) For all crimes against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19. Score offense variable 18 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

Sec. 33. (1) Offense variable 3 is physical injury to a victim. Score offense variable 3 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) A victim was killed 100 points

(b) A victim was killed 35 points

(c) Life threatening or permanent incapacitating injury occurred to a victim 25 points

(d) Bodily injury requiring medical treatment occurred to a victim 10 points

(e) Bodily injury not requiring medical treatment occurred to a victim 5 points

(f) No physical injury occurred to a victim 0 points

(2) All of the following apply to scoring offense variable 3:

(a) In multiple offender cases, if 1 offender is assessed points for death or physical injury, all offenders shall be assessed the same number of points.

(b) Score 100 points if death results from the commission of a crime and homicide is not the sentencing offense.

(c) Score 35 points if death results from the commission of a crime and the elements of the offense or attempted offense involve the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive under the influence or while impaired causing death.

(d) Do not score 5 points if bodily injury is an element of the sentencing offense.

(3) As used in this section, "requiring medical treatment" refers to the necessity for treatment and not the victim's success in obtaining treatment.

Sec. 35. (1) Offense variable 5 is psychological injury to a member of a victim's family. Score offense variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) Serious psychological injury requiring professional treatment occurred to a victim's family 15 points

(b) No serious psychological injury requiring professional treatment occurred to a victim's family 0 points

(2) Score 15 points if the serious psychological injury to the victim's family may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.

Sec. 43. (1) Offense variable 13 is continuing pattern of criminal behavior. Score offense variable 13 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offense was part of a pattern of felonious criminal activity involving 3 or more sexual penetrations against a person or persons less than 13 years of age 50 points

(b) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes
against a person 25 points

(c) The offense was part of a pattern of felonious criminal activity involving a combination of
3 or more crimes against a person or property. 10 points

(d) The offense was part of a pattern of felonious criminal activity directly related to membership
in an organized criminal group 10 points

(e) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes
against property 5 points

(f) No pattern of felonious criminal activity existed 0 points

(2) All of the following apply to scoring offense variable 13:

(a) For determining the appropriate points under this variable, all crimes within a 5-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction.

(b) The presence or absence of multiple offenders, the age of the offenders, or the degree of sophistication of the organized criminal group is not as important as the fact of the group's existence, which may be reasonably inferred from the facts surrounding the sentencing offense.

(c) Except for offenses related to membership in an organized criminal group, do not score conduct scored in offense variable 11 or 12.

(d) Score 50 points only if the sentencing offense is first degree criminal sexual conduct.

Sec. 48. (1) Offense variable 18 is operator ability affected by alcohol or drugs. Score offense variable 18 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when
his or her bodily alcohol content was 0.20 grams or more per 100 milliliters of blood, per 210 liters
of breath, or per 67 milliliters of urine 20 points

(b) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when
his or her bodily alcohol content was 0.15 grams or more but less than 0.20 grams per 100 milliliters
of blood, per 210 liters of breath, or per 67 milliliters of urine 15 points

(c) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when
his or her bodily alcohol content was 0.10 grams or more but less than 0.15 grams per 100 milliliters
of blood, per 210 liters of breath, or per 67 milliliters of urine, or while he or she was under the
influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor
and a controlled substance 10 points

(d) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when
his or her bodily alcohol content was 0.07 grams or more but less than 0.10 grams per 100 milliliters
of blood, per 210 liters of breath, or per 67 milliliters of urine, or while he or she was visibly impaired
by the use of intoxicating liquor or a controlled substance or a combination of intoxicating liquor
and a controlled substance, or was less than 21 years of age and had any bodily alcohol content 5 points

(e) The offender's ability to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive
was not affected by an intoxicating liquor or a controlled substance or a combination of intoxicating
liquor and a controlled substance 0 points

(2) As used in this section, "any bodily alcohol content" means either of the following:

(a) An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b) Any presence of alcohol within an individual's body resulting from the consumption of intoxicating liquor other than the consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.

Sec. 54. (1) Prior record variable 4 is prior low severity juvenile adjudications. Score prior record variable 4 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offender has 6 or more prior low severity juvenile adjudications 20 points

(b) The offender has 5 prior low severity juvenile adjudications 15 points

(c) The offender has 3 or 4 prior low severity juvenile adjudications 10 points

(d) The offender has 2 prior low severity juvenile adjudications 5 points

(e) The offender has 1 prior low severity juvenile adjudication 2 points

(f) The offender has no prior low severity juvenile adjudications. 0 points

(2) As used in this section, "prior low severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class E, F, G, or H if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.

Sec. 55. (1) Prior record variable 5 is prior misdemeanor convictions or prior misdemeanor juvenile adjudications. Score prior record variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offender has 7 or more prior misdemeanor convictions or prior misdemeanor juvenile
adjudications 20 points

(b) The offender has 5 or 6 prior misdemeanor convictions or prior misdemeanor juvenile
adjudications 15 points

(c) The offender has 3 or 4 prior misdemeanor convictions or prior misdemeanor juvenile
adjudications 10 points

(d) The offender has 2 prior misdemeanor convictions or prior misdemeanor juvenile adjudications 5 points

(e) The offender has 1 prior misdemeanor conviction or prior misdemeanor juvenile adjudication. 2 points

(f) The offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications 0 points

(2) All of the following apply to scoring record variable 5:

(a) Except as provided in subdivision (b), count a prior misdemeanor conviction or prior misdemeanor juvenile adjudication only if it is an offense against a person or property, a controlled substance offense, or a weapon offense. Do not count a prior conviction used to enhance the sentencing offense to a felony.

(b) Count all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do not count a prior conviction used to enhance the sentencing offense to a felony.

(3) As used in this section:

(a) "Prior misdemeanor conviction" means a conviction for a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the conviction was entered before the sentencing offense was committed.

(b) "Prior misdemeanor juvenile adjudication" means a juvenile adjudication for conduct that if committed by an adult would be a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the order of disposition was entered before the sentencing offense was committed.

Enacting section 1. This amendatory act takes effect October 1, 2000.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.