STATE OF MICHIGAN 89TH LEGISLATURE REGULAR SESSION OF 1998 Introduced by Rep. McNutt Reps. Birkholz, Bodem, Brewer, Byl, Ciaramitaro, Crissman, Cropsey, DeVuyst, Fitzgerald, Geiger, Gernaat, Gilmer, Gire, Goschka, Jansen, Jelinek, Jellema, Johnson, Kukuk, London, Lowe, Mans, McBryde, Middaugh, Middleton, Nye, Oxender, Perricone, Profit, Raczkowski, Richner, Rocca, Sikkema and Voorhees named co-sponsors ENROLLED HOUSE BILL No. 5419 AN ACT to amend 1927 PA 175, entitled ÒAn 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,Ó by amending sections 8, 10, 11, 12, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.10, 769.11, 769.12, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 10 and 11 of chapter IX as amended by 1988 PA 90, and section 12 of chapter IX and section 14 of chapter XI as amended and sections 31, 33, and 34 of chapter IX as added by 1994 PA 445, and by adding section 35 to chapter IX and adding chapter XVII. The People of the State of Michigan enact: CHAPTER IX Sec. 8. (1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a definite term of imprisonment, but shall fix a minimum term, except as otherwise provided in this chapter. The maximum penalty provided by law shall be the maximum sentence in all cases except as provided in this chapter and shall be stated by the judge in imposing the sentence. (2) Before or at the time of imposing sentence, the judge shall ascertain by examining the defendant under oath, or otherwise, and by other evidence as can be obtained tending to indicate briefly the causes of the defendantÕs criminal character or conduct, which facts and other facts that appear to be pertinent in the case the judge shall cause to be entered upon the minutes of the court. Sec. 10. (1) If a person has been convicted of a felony or an attempt to commit a felony, whether the conviction occurred in this state or would have been for a felony or attempt to commit a felony in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows: (a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term. (b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for life or for a lesser term. (c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461. (2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year and the sentence so imposed shall be considered an indeterminate sentence. (3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section. Sec. 11. (1) If a person has been convicted of any combination of 2 or more felonies or attempts to commit felonies, whether the convictions occurred in this state or would have been for felonies or attempts to commit felonies in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows: (a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term. (b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for life or for a lesser term. (c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461. (2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year, and the sentence so imposed shall be considered an indeterminate sentence. (3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section. Sec. 12. (1) If a person has been convicted of any combination of 3 or more felonies or attempts to commit felonies, whether the convictions occurred in this state or would have been for felonies or attempts to commit felonies in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows: (a) If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term of 5 years or more or for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for life or for a lesser term. (b) If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term that is less than 5 years, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for a maximum term of not more than 15 years. (c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461. (2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year, and the sentence so imposed shall be considered an indeterminate sentence. (3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section. (4) An offender sentenced under this section or section 10 or 11 of this chapter for an offense other than a major controlled substance offense is not eligible for parole until expiration of the following: (a) For a prisoner other than a prisoner subject to disciplinary time, the minimum term fixed by the sentencing judge at the time of sentence unless the sentencing judge or a successor gives written approval for parole at an earlier date authorized by law. (b) For a prisoner subject to disciplinary time, the minimum term fixed by the sentencing judge. (5) This section and sections 10 and 11 of this chapter are not in derogation of other provisions of law that permit or direct the imposition of a consecutive sentence for a subsequent felony. (6) As used in this section, Òprisoner subject to disciplinary timeÓ means that term as defined in section 34 of 1893 PA 118, MCL 800.34. Sec. 31. As used in this section and sections 32 to 34 of this chapter: (a) ÒCommissionÓ means the sentencing commission created in section 32 of this chapter. (b) ÒDepartureÓ means a sentence imposed that is not within the appropriate minimum sentence range established under the sentencing guidelines set forth in chapter XVII. (c) ÒIntermediate sanctionÓ means probation or any sanction, other than imprisonment in a state prison or state reformatory, that may lawfully be imposed. Intermediate sanction includes, but is not limited to, 1 or more of the following: (i) Inpatient or outpatient drug treatment. (ii) Probation with any probation conditions required or authorized by law. (iii) Residential probation. (iv) Probation with jail. (v) Probation with special alternative incarceration. (vi) Mental health treatment. (vii) Mental health or substance abuse counseling. (viii) Jail. (ix) Jail with work or school release. (x) Jail, with or without authorization for day parole under 1962 PA 60, MCL 801.251 to 801.258. (xi) Participation in a community corrections program. (xii) Community service. (xiii) Payment of a fine. (xiv) House arrest. (xv) Electronic monitoring. (d) ÒOffender characteristicsÓ means only the prior criminal record of an offender. (e) ÒOffense characteristicsÓ means the elements of the crime and the aggravating and mitigating factors relating to the offense that the commission determines are appropriate and consistent with the criteria described in section 33(1)(e) of this chapter. For purposes of this subdivision, an offense described in section 33b of 1953 PA 232, MCL 791.233b, that resulted in a conviction and that arose out of the same transaction as the offense for which the sentencing guidelines are being scored shall be considered as an aggravating factor. (f) ÒPrior criminal recordÓ means all of the following: (i) Misdemeanor and felony convictions. (ii) Probation and parole violations involving criminal activity. (iii) Dispositions entered under section 18 of chapter XIIA of 1939 PA 288, MCL 712A.18, for acts that would have been crimes if committed by an adult. (iv) Assignment to youthful trainee status under sections 11 to 15 of chapter II. (v) A conviction set aside under 1965 PA 213, MCL 780.621 to 780.624. (vi) Dispositions described in subparagraph (iii) that have been set aside under section 18e of chapter XIIA of 1939 PA 288, MCL 712A.18e, or expunged. (g) ÒTotal capacity of state correctional facilitiesÓ means, at any given time, the capacities of all permanent and temporary state correctional facilities in use and all state correctional facilities approved for construction under the joint capital outlay process as of the preceding June 1. Sec. 33. (1) The commission shall do all of the following: (a) Collect, prepare, analyze, and disseminate information regarding state and local sentencing practices for felonies and the use of prisons and jails. The state court administrator shall continue to collect data regarding sentencing practices and shall provide the data necessary to the commission. (b) Conduct on-going research regarding the impact of the sentencing guidelines set forth in chapter XVII. (c) Collect, analyze, and compile data and make projections regarding the populations and capacities of state and local correctional facilities and the impact of the sentencing guidelines on those populations and capacities. (d) In cooperation with the state court administrator, collect, analyze, and compile data regarding the effect of sentencing guidelines on the case load, docket flow, and case backlog of the trial and appellate courts of this state. (e) Develop modifications to the sentencing guidelines as provided in subsection (4). Any modifications to the sentencing guidelines shall accomplish all of the following: (i) Provide for protection of the public. (ii) Consider an offense involving violence against a person as more severe than other offenses. (iii) Be proportionate to the seriousness of the offense and the offenderÕs prior criminal record. (iv) Reduce sentencing disparities based on factors other than offense characteristics and offender characteristics and ensure that offenders with similar offense and offender characteristics receive substantially similar sentences. (v) Specify the circumstances under which a term of imprisonment is proper and the circumstances under which intermediate sanctions are proper. (vi) Establish sentence ranges for imprisonment that are within the minimum and maximum sentences allowed by law for the offenses to which the ranges apply. (vii) Maintain separate sentence ranges for convictions under the habitual offender provisions in sections 10, 11, 12, and 13 of this chapter, which may include as an aggravating factor, among other relevant considerations, that the accused has engaged in a pattern of proven or admitted criminal behavior. (viii) Establish sentence ranges the commission considers appropriate. (2) In developing modifications to the sentencing guidelines, the commission shall consider the likelihood that the capacity of state and local correctional facilities will be exceeded. The commission shall submit to the legislature a prison impact report relating to any modifications to sentencing guidelines. The report shall include the projected impact on total capacity of state correctional facilities. (3) Modifications to sentencing guidelines shall include recommended intermediate sanctions for each case in which the upper limit of the recommended minimum sentence range is 18 months or less. (4) The commission may recommend modifications to the sentencing guidelines set forth in chapter XVII. Modifications of those sentencing guidelines shall not be recommended sooner than January 1, 2001 unless the modifications are based upon omissions, technical errors, changes in the law, or court decisions. Subsequent modifications shall not be recommended sooner than 2 years after previous modifications other than modifications based upon omissions, technical errors, changes in the law, or court decisions. (5) The commission shall submit any recommended modifications to the sentencing guidelines to the secretary of the senate and the clerk of the house of representatives. If the legislature does not enact modifications to the sentencing guidelines within 60 days after introduction of a bill to enact sentencing guidelines modifications based on the recommendations, the commission shall revise the recommended modifications and submit them to the secretary of the senate and the clerk of the house of representatives within 90 days. The revised modifications are subject to the requirements of subsections (1), (2), and (3). Until the legislature enacts modifications to the sentencing guidelines into law, the commission shall continue to revise and resubmit the modifications to the legislature under the schedule provided in this subsection. 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, the court shall impose sentence in accordance with that statute. Imposing a 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 individualÕs 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 less than the minimum range or 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 courtÕs advice of the defendantÕs 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 defendantÕs 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. Sec. 35. The department of corrections shall operate a jail reimbursement program that provides funding to counties for housing offenders in county jails who otherwise would have been sentenced to prison. The criteria for reimbursement, including but not limited to criteria for determining those offenders who otherwise would have been sentenced to prison, and the rate of reimbursement shall be established in the annual appropriations acts for the department of corrections. 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 personÕs 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 victimÕs 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 entered, the sentence grid in part 6 of chapter XVII that contains the recommended minimum sentence ranges. (ii) The computation that determines the recommended minimum sentence range for each conviction entered. (iii) A specific statement as to the applicability of intermediate sanctions, as defined in section 31 of chapter IX. (iv) 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 defendantÕs 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 defendantÕs 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 departmentÕs 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 PART 1 GeneralÊProvisions Sec. 1. As used in this chapter: (a) ÒAircraftÓ means that term as defined in section 4 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.4. (b) ÒDepartureÓ means that term as defined in section 31 of chapter IX. (c) ÒHomicideÓ means any crime in which the death of a human being is an element of that crime. (d) ÒIntermediate sanctionÓ means that term as defined in section 31 of chapter IX. (e) ÒVehicleÓ means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.49. Sec. 5. The offense categories are designated in part 2 of this chapter as follows: (a) Crimes against a person are designated ÒpersonÓ. (b) Crimes against property are designated ÒpropertyÓ. (c) Crimes involving a controlled substance are designated ÒCSÓ. (d) Crimes against public order are designated Òpub ordÓ. (e) Crimes against public trust are designated Òpub trstÓ. (f) Crimes against public safety are designated Òpub safÓ. Sec. 6. The offense descriptions in part 2 of this chapter are for assistance only and the statutes listed govern application of the sentencing guidelines. PART 2 Sec. 11. This chapter applies to the following felonies enumerated in chapters 1 to 199 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 4.421(1) Pub trst G LobbyistsÑcompensation contingent on outcome of action Ê3 4.421(2) Pub trst G Lobbyists giving gifts Ê3 18.366(1) Property E False presentation to crime victim services commission to obtain more than $100 10 18.1268(9) Pub trst H Purposefully submitting false business certification Fine 21.154 Pub trst E Public officerÑembezzlement Ê5 28.293(1) Pub ord E False information when applying for state ID Ê5 28.293(2) Pub ord D False information when applying for state IDÑsecond offense Ê7 28.293(3) Pub ord C False information when applying for state IDÑthird or subsequent offense 15 28.295(1)(a) Pub ord H Forging state ID card to commit felony Ê4 28.295(3) Property H Using stolen state ID card to commit felony Variable 28.295a(1) Pub ord H False representation to obtain or misuse personal information Ê4 28.295a(2) Pub ord G False representation to obtain or misuse personal informationÑ second offense Ê7 M.C.L. Category Class Description Stat Max 28.295a(3) Pub ord C False representation to obtain or misuse personal informationÑthird or subsequent offense 15 28.422 Pub saf G PistolsÑlicense application forgery Ê4 28.729 Pub ord G Sex offendersÑfailure to register Ê4 35.929 Pub trst H Willful falsification in application for veterans benefits Ê3 35.980 Pub trst H False statement in application for Korean veterans benefits Ê3 35.1029 Pub trst H False statement in application for Vietnam veterans benefits Ê3 38.412a(1) Pub trst H County employee providing answers to county civil service exam Ê1 38.516 Pub trst H Fire and police civil serviceÑappointment or employment contrary to act Ê2 45.82 Pub trst E County purchasing agentÑviolations in awarding bids or contracts Ê5 47.8 Pub trst H Payment of claim against county before audit Ê2 47.56 Pub trst H Wayne County treasurer paying claims without appropriate signature Ê2 51.364 Pub trst H Appointment or selection contrary to civil service commission rules Ê2 110.28 Pub trst G Fourth class citiesÑmisappropriation of money or property Ê3 117.25(3) Pub trst E Amendment to city electorsÑwillfully affixing anotherÕs signature, false rep 15 125.1447 Property G Michigan state housing development authorityÑfalse pretenses over $100 10 168.731(4) Pub trst G Election lawÑfiling certain false statements Ê2 168.734 Pub trst G Election lawÑelection board refusing to provide challenger conveniences Ê2 168.756 Pub trst E ElectorÕs false statement concerning inability to mark ballot Ê5 168.757 Pub trst E Election inspectorÑunlawful conduct Ê5 168.759(8) Pub trst E Forged signature on absentee ballot Ê5 168.759b Pub trst E False statement in application for emergency absentee ballot Ê5 168.761(5) Pub trst E Assisting an absentee voter in making a false statement Ê5 168.769(4) Pub trst E Voting both in person and by absentee ballot Ê5 168.792a(11) Pub trst E Disclosing how ballot voted or election results early before polls are closed Ê5 168.792a(16) Pub trst E Disclosing election result or how ballot voted Ê5 168.808 Pub trst E Untrue statement by member of board of inspectors Ê4 168.873 Pub trst E Misconduct of election employee in recountÑcounty and local Ê5 168.887 Pub trst E Misconduct of election employee in recount Ê5 168.932(a) Pub trst E Bribing or intimidating voters Ê5 168.932(b) Pub trst E Ballot tampering Ê5 168.932(c) Pub trst E Destroying or falsifying election return or records Ê5 168.932(d) Pub trst E Disclosing votes or obstructing voter Ê5 168.932(e) Pub trst E Absentee ballot tampering Ê5 168.932(f) Pub trst E Election lawÑpossess absent voter ballot delivered to another person Ê5 168.932(g) Pub trst E Suggesting how a disabled voter should vote Ê5 168.932(h) Pub trst E Suggesting or influencing how an absentee voter should vote Ê5 168.932(i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted Ê5 168.932a Pub trst G Election offenses Ê4 168.933 Pub trst E False swearing to register or vote Ê5 168.936 Pub trst E Election lawÑperjury Ê5 168.937 Pub trst E Election lawÑforgery Ê5 169.254 Pub trst H Campaign financeÑcorporate contributions Ê3 169.255 Pub trst H Campaign financeÑcorporate solicitation for certain funds Ê3 169.266 Pub trst H Campaign financeÑqualified campaign expenditures Ê3 Sec. 12. This chapter applies to the following felonies enumerated in chapters 200 to 299 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 205.27(1)(a) Pub trst G Failure to file or false tax return or payment Ê5 205.27(1)(b) Pub trst G Aiding and abetting tax evasion or filing false returns Ê5 205.27(1)(c) Pub trst G Making/permitting false tax returns or payments Ê5 205.27(3) Pub trst G False tax returns/perjury 15 205.28 Pub trst G Compromising/unauthorized disclosure of tax information Ê5 205.28(1)(e) Pub trst G State employee compromising taxes Ê5 205.28(1)(f) Pub trst G Unauthorized disclosure of tax information Ê5 205.428(2) Pub trst G Tobacco products tax act violations Ê5 207.118a Pub ord G Gasoline taxÑembezzlement over $100 10 207.119 Pub trst G Gasoline or motor fuel tax violation Ê4 207.127c Pub ord G Diesel fuel taxÑembezzlement over $100 10 207.754(3) Pub trst G State treasurerÑmunicipality taxÑdivulging confidential information Ê5 257.233a(7) Pub ord G Odometer tampering Ê5 257.254 Property E Possessing stolen vehicle title 10 257.257(1) Property G Altering or forging vehicle documentsÑfirst offense Ê5 257.257(2) Property G Altering or forging vehicle documentsÑsecond offense Ê7 257.257(3) Property E Altering or forging vehicle documentsÑthird offense 15 257.329(1) Property G Possession/sale of stolen or counterfeit insurance certificates Ê5 257.329(2) Property E Possession/sale of stolen or counterfeit insurance certificatesÑ second offense Ê7 257.329(3) Property E Possession/sale of stolen or counterfeit insurance certificatesÑ third offense 15 257.602a(2) Pub saf G Fleeing and eludingÑfourth degree Ê2 257.602a(3) Pub saf E Fleeing and eludingÑthird degree Ê5 257.602a(4) Person D Fleeing and eludingÑsecond degree 10 257.602a(5) Person C Fleeing and eludingÑfirst degree 15 257.617 Person E Failure to stop at scene of a serious personal injury accident Ê5 257.625(4) Person C OUILÑcausing death 15 257.625(5) Person E OUILÑcausing serious impairment of body function Ê5 257.625(7)(d) Pub saf E OUILÑthird offense Ê5 257.625n(10) Pub ord G Disposing of vehicle to avoid forfeiture Ê4 257.744a Pub saf D False statement in citationÑperjury 15 257.902 Pub saf E Motor vehicle code violations Ê5 257.903(1) Property E Motor vehicle codeÑfalse certificationÑfirst offense Ê5 257.903(2) Property E Motor vehicle codeÑfalse certificationÑsecond offense Ê7 257.903(3) Property D Motor vehicle codeÑfalse certificationÑthird offense 15 257.1353(2) Pub trst H Motor vehicleÑfail to record material matterÑsecond offense Ê2 257.1354(2) Pub trst H Motor vehicleÑgeneral violationsÑsecond offense Ê2 257.1355 Pub trst H Motor vehicleÑfail to record transaction/falsify records Ê2 259.183 Property E AircraftÑunlawful taking or tampering Ê5 259.185(8) Pub saf G AircraftÑOUILÑthird offense Ê5 285.82 Pub trst H Grain dealers act violations Ê5 285.279 Pub trst E Falsely obtaining moneyÑagricultural land 10 286.455(2) Pub saf G AgricultureÑhazardous substance Ê5 287.77(1) Pub saf H AgricultureÑlivestock condemnation Ê4 287.323(1) Person C Dangerous animal causing death 15 287.323(2) Person G Dangerous animal causing serious injury Ê4 287.679 Pub ord H Dead animals Ê1 287.744(1) Pub ord G Animal industry act violations Ê5 287.855 Pub saf G AgricultureÑcontaminating livestock/false statement/violation of quarantine Ê5 288.223 Pub saf G Sale or labeling of oleomargarine violations Ê3 288.257 Pub saf G Margarine violations Ê3 288.284 Pub trst H Selling falsely branded cheese Ê2 290.629(1) Person G Weights and measuresÑassaults enforcement officer Ê2 290.631(3) Pub trst G Weights and measures Ê5 M.C.L. Category Class Description Stat Max 290.650 Person G Motor fuelsÑassaulting/obstructing director or authorized representative Ê2 290.650b(3) Pub trst H Motor fuels violations Ê2 Sec. 13. This chapter applies to the following felonies enumerated in chapters 300 to 399 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 324.1608 Person G Resisting and obstructing conservation officer Ê2 324.2157(3) Property H State owned propertyÑdamages of $1,000 or more 180 days 324.3115(2) Pub saf H Waste discharge violationsÑsecond offense Ê2 324.5531(4) Pub saf H Knowingly releasing pollutants Ê2 324.5531(5) Pub saf G Knowingly releasing pollutantsÑcausing death or serious bodily injury Ê6 324.5531(6) Pub saf C Knowingly releasing pollutantsÑresulting in death or serious bodily injury 15 324.8905(2) Pub saf H Infectious waste/pathological waste/sharpsÑlittering violation Ê2 324.8905(3) Pub saf G Infectious waste/pathological waste/sharpsÑlittering violationÑ second offense Ê5 324.11151(2) Pub saf H Hazardous waste violationsÑsecond or subsequent offense Ê2 324.11151(3) Pub saf H Hazardous waste violationÑdisregard for human life Ê2 324.11151(3) Pub saf G Hazardous waste violationÑextreme indifference for human life Ê5 324.12116(2) Pub saf H WasteÑfalse statement or entry in a license application Ê2 324.20139(3) Pub saf H Hazardous wasteÑknowingly releases or causes the release Ê2 324.21324(1) Pub saf G Underground storage tanksÑfalse or misleading information Ê5 324.21548(1) Pub trst H False statement, report, claim, bid, work invoice, or other request for payment Ê5 324.30316(3) Pub saf H NREPA violationÑsubsequent offense Ê2 324.31525 Person G NREPAÑimminent danger of death or serious injuryÑ subsequent offense Ê2 324.33939(1) Pub trst H NREPA violation for commercial purposes Ê2 324.40118(11) Pub ord G Wildlife conservationÑbuying selling protected animalsÑ subsequent offense Ê4 324.51120(2) Property H Removing forest products over $2,500 Ê3 324.51512 Pub saf D Willfully setting forest fires 10 324.61511 Pub trst G False affidavit under NREPA Ê5 324.61521(1) Pub trst G Evading rule under NREPA Ê3 324.76107(4) Pub trst G Recovering abandoned property in Great Lakes without permit Ê2 324.80130d(1) Pub ord H False representation to obtain personal information Ê4 324.80130d(2) Pub ord G False representation to obtain personal informationÑ second offense Ê7 324.80130d(3) Pub ord C False representation to obtain personal informationÑ third or subsequent offense 15 324.80172 Person G Negligent crippling or homicide by vessel Ê2 324.80173 Person G Felonious operation of a vessel Ê2 324.80176(4) Person C Operating a vessel under the influence causing death 15 324.80176(5) Person E Operating a vessel under the influence causing long-term incapacitating injury Ê5 324.80177(1)(c) Pub saf E Operating a vessel under the influenceÑthird offense Ê5 324.80319a(1) Pub ord H False representation to obtain personal information Ê4 324.80319a(2) Pub ord G False representation to obtain personal informationÑ second offense Ê7 324.80319a(3) Pub ord C False representation to obtain personal informationÑ third or subsequent offense 15 324.81120(1) Pub ord H False representation to obtain personal information Ê4 324.81120(2) Pub ord G False representation to obtain personal informationÑ second offense Ê7 324.81120(3) Pub ord C False representation to obtain personal informationÑ third or subsequent offense 15 324.81134(6) Pub saf E Operating an ORV under the influenceÑthird offense Ê4 M.C.L. Category Class Description Stat Max 324.82127(4) Person C Operating a snowmobile under the influence causing death 15 324.82127(5) Person E Operating a snowmobile under the influence causing long-term incapacitating injury Ê5 324.82128(1)(c) Pub saf E Operating a snowmobile under the influenceÑthird offense Ê5 324.82160(1) Pub ord H False representation to obtain personal information Ê4 324.82160(2) Pub ord G False representation to obtain personal informationÑ second offense Ê7 324.82160(3) Pub ord C False representation to obtain personal informationÑ third or subsequent offense 15 328.232 Property E Conversion of funeral contracts Ê5 333.2685 Person E Use of a live human embryo, fetus for nontherapeutic research Ê5 333.2688 Person E Research on dead embryo or fetus without motherÕs consent Ê5 333.2689 Person E Abortion to obtain embryo Ê5 333.2690 Person E Sale or delivery of fetus or embryo Ê5 333.2835(9) Pub trst G Disclosing confidential informationÑabortion Ê3 333.5210 Person F AIDSÑsexual penetration with uninformed partner Ê4 333.5661 Person F Fraud resulting in patient death Ê4 333.7341(8) CS G Delivery or manufacture or imitation controlled substance Ê2 333.7401(2)(a)(i) CS A Delivery or manufacture of > 649 grams by juvenile Life 333.7401(2)(a)(iii) CS B Delivery or manufacture of 50-224 grams 20 333.7401(2)(a)(iv) CS D Delivery or manufacture of < 50 grams 20 333.7401(2)(b) CS E Delivery or manufacture schedule 1/2/3 except marijuana Ê7 333.7401(2)(c) CS F Delivery or manufacture schedule 4 Ê4 333.7401(2)(d)(i) CS C Delivery or manufacture > 45 kilos of marijuana 15 333.7401(2)(d)(ii) CS D Delivery or manufacture 5-45 kilos of marijuana Ê7 333.7401(2)(d)(iii) CS F Delivery or manufacture < 5 kilos or 20 plants of marijuana Ê4 333.7401(2)(e) CS G Delivery or manufacture schedule 5 Ê2 333.7401(2)(f) CS D Delivery or manufacture official or counterfeit prescription form 20 333.7401(2)(g) CS D Delivery or manufacture prescription or counterfeit form (other than official) Ê7 333.7402(2)(a) CS D Delivery or manufacture imitation controlled substance 10 333.7402(2)(b) CS E Delivery or manufacture imitation controlled substance schedule 1/2/3 Ê5 333.7402(2)(c) CS F Delivery or manufacture imitation controlled substance schedule 4 Ê4 333.7402(2)(d) CS G Delivery or manufacture imitation controlled substance schedule 5 Ê2 333.7402(2)(e) CS C Delivery or manufacture analogue 15 333.7403(2)(a)(i) CS A Possession > 649 grams by juvenile Life 333.7403(2)(a)(iii) CS B Possession 50-224 grams 20 333.7403(2)(a)(iv) CS G Possession 25-49 grams Ê4 333.7403(2)(a)(v) CS G Possession of < 25 grams Ê4 333.7403(2)(b) CS G Possession certain schedule 1/2/3/4 or analogue Ê2 333.7403(2)(e) CS H Possession of official prescription form Ê1 333.7405(a) CS G Controlled substance violations by licensee Ê2 333.7405(b) CS G Manufacturing or distribution violations by licensee Ê2 333.7405(c) CS G Refusing lawful inspection Ê2 333.7405(d) CS G Maintaining drug house Ê2 333.7407(1)(a) CS G Controlled substance violations by licensee Ê4 333.7407(1)(b) CS G Use of fictitious, revoked, or suspended license number Ê4 333.7407(1)(c) CS G Obtaining controlled substance by fraud Ê4 333.7407(1)(d) CS G False reports under controlled substance article Ê4 333.7407(1)(e) CS G Possession of counterfeiting implements Ê4 333.7407(1)(f) CS F Disclosing or obtaining prescription information Ê4 333.7407(1)(g) CS F Possession of counterfeit prescription form Ê4 333.7407(2) CS G Refusing to furnish records under controlled substance article Ê4 333.10204(1) Pub ord F Transferring a human organ for valuable consideration Ê4 333.13738(2) Pub saf F Waste disposal violationsÑsecond offense Ê5 333.13738(3) Pub saf F Disposing of wasteÑindifference to human life Ê2 333.13738(3) Pub saf B Disposing of wasteÑextreme indifference to human life 20 M.C.L. Category Class Description Stat Max 333.16170(3) Pub trst F False representationÑhealth professional recovery program Ê4 333.16294 Pub saf F Health professionÑunauthorized practice Ê4 333.17766a(2)(a) CS F Possession of steroidsÑsecond offense Ê4 333.17766a(3) CS E Delivery or manufacture of steroids Ê7 333.17766a(4) CS G Delivery of imitation steroids Ê7 333.17766c(2) CS G Possession >10 grams ephedrine Ê2 333.20142(5) Pub trst F False statementÑapplication licensure health facility Ê4 333.21792 Pub trst G Nursing homesÑreferral fees/bribing officials/accepting bribes Ê4 388.936 Pub trst F Knowingly making false statementÑschool district loans Ê4 388.962 Pub trst F Knowingly making false statementÑschool district loans Ê4 Sec. 14. This chapter applies to the following felonies enumerated in chapters 400 to 499 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 400.60(2) Property H WelfareÑobtaining over $500 by failure to inform Ê4 400.603 Pub trst G Medicaid fraudÑfalse statement in benefit/concealing information Ê4 400.604 Pub trst G Medicaid fraudÑkickback/referral fees Ê4 400.605 Pub trst G Medicaid fraudÑfalse statement regarding institutions Ê4 400.606 Property E Medicaid fraudÑconspiracy 10 400.607 Pub trst G Medicaid fraudÑfalse claim/medically unnecessary Ê4 400.609 Property D Medicaid fraudÑfourth offense 10 400.713(13) Pub saf H Adult foster careÑunlicensed facilityÑfirst offense Ê2 400.713(13) Pub saf F Adult foster careÑunlicensed facilityÑsecond or subsequent violation Ê5 400.722(4) Pub saf F Adult foster careÑmaintaining operation after refusal of licensure Ê5 408.1035(5) Pub saf G MIOSHA violationÑsecond offense Ê3 408.1035(5) Pub saf I MIOSHA violationÑfirst offense Ê1 408.1035a(5) Pub saf I MIOSHA violations/writs of mandamus/assaultsÑfirst offense Ê1 408.1035a(5) Pub saf G MIOSHA violations/writs of mandamus/assaultsÑsecond offense Ê3 409.122(2) Person E Employment of children during certain hoursÑthird offense 10 409.122(2) Pub ord G Employment of children during certain hoursÑsecond offense Ê2 409.122(3) Person D Employment of children in child sexually abusive activity 20 421.54(a)(ii)(B) Property H Unemployment comp fraudÑfailure to comply with act/rule $25,000-$100,000 Ê2 421.54(a)(ii)(C) Property G Unemployment comp fraudÑfailure to comply with act/rule over $100,000 Ê5 421.54(a)(iv)(B) Property H Unemployment comp fraudÑwillful violation of act/rule over $100,000 Ê2 421.54(b)(ii)(B) Property H Unemployment comp fraudÑfalse statement or misrepresent over $25,000 Ê2 421.54(b)(ii)(C) Property H Unemployment comp fraudÑfalse statement or misrepresentation without actual loss Ê2 421.54(d) Property H Unemployment comp fraudÑdisclose confidential information for financial gain Ê1 421.54a Property G Unemployment comp fraudÑfalse statement as condition of employment 10 421.54b(b)(i) Property H Unemployment comp fraudÑconspiracy with loss of $25,000 or less Ê2 421.54b(b)(ii) Property G Unemployment comp fraudÑconspiracy with loss over $25,000 Ê5 421.54b(b)(iii) Property H Unemployment comp fraudÑconspiracy with no actual loss Ê2 421.54c(b)(ii) Property H Unemployment comp fraudÑembezzlement of $25,000 to under $100,000 Ê2 421.54c(b)(iii) Property G Unemployment comp fraudÑembezzlement of $100,000 or more Ê5 421.54c(b)(iv) Property H Unemployment comp fraudÑembezzlement with no actual loss Ê2 426.106 Property E Marking of logs and timberÑforging Ê5 431.257 Pub trst G Racing, boxing and exhibition racing Ê2 M.C.L. Category Class Description Stat Max 431.307(8) Pub trst G Horse racingÑtestifying falsely to commissioner while under oath Ê4 431.330(4) Pub trst G Horse racingÑadministering a drug that could affect racing condition Ê5 431.332 Pub trst G Horse racingÑinfluencing or attempting to influence result of race Ê5 432.30 Property G LotteryÑforgery of tickets Ê5 432.218 Pub ord D Casino gaming offenses 10 436.1701(2) Person D Selling alcohol to a minor and causing death 10 436.1909(3) Pub ord H Liquor violation Ê1 436.1919 Pub ord H Fraudulent documents, labels, or stamps Ê1 438.41 Property E Criminal usury Ê5 440.9307(4) Property G FarmingÑillegal sale of secured products Ê3 442.219 Pub trst E SalesÑfalse statement Ê5 443.50 Pub trst E Issuing warehouse receipt for goods not received Ê5 443.52 Pub trst E Issuing duplicate warehouse receipt not so marked Ê5 444.13 Pub trst H Warehousemen and warehouse receipts Ê2 444.107 Pub trst E Warehouse certificatesÑwillfully alter or destroy Ê5 445.487(2) Pub ord H Precious metal and gem dealer failure to record material matterÑsecond offense Ê2 445.488(2) Pub ord H Precious metal and gem dealer violationsÑsecond offense Ê2 445.489 Pub ord H Precious metal and gem dealer violations Ê2 445.490 Pub ord H Precious metal and gem dealer failure to obtain a certificate of registration Ê2 445.779 Pub ord H Antitrust violation Ê2 445.1505 Pub trst G Franchise investment lawÑfraudulent filing/offers Ê7 445.1508 Pub trst G Franchise investment lawÑsale without proper disclosure Ê7 445.1513 Pub trst G Franchise investment lawÑillegal offers/sales Ê7 445.1520 Pub trst G Franchise investment lawÑkeeping records Ê7 445.1521 Pub trst G Franchise investment lawÑfalse representation Ê7 445.1523 Pub trst G Franchise investment lawÑfalse statements of material fact Ê7 445.1525 Pub trst G Franchise investment lawÑfalse advertising Ê7 445.1528 Pub trst D Pyramid/chain promotionsÑoffer or sell Ê7 445.1671 Pub trst E Mortgage brokers, lendersÑknowingly giving a false statement 15 445.1679 Pub trst H Mortgage brokers actÑgeneral violations Ê3 450.775 Pub ord H CorporationsÑminority and woman owned businesses Ê2 450.795 Pub ord H CorporationsÑhandicapper business opportunity act Ê2 451.319 Pub trst G Securities, real estate, and debt managementÑviolation Ê2 451.434 Pub trst H Debt management actÑlicensee violations Ê2 451.501 Pub trst E Blue sky lawsÑfraudulent schemes/statements 10 451.502 Pub trst E Blue sky lawsÑinvestment advisor/agent fraud 10 451.503 Pub trst E Blue sky lawsÑmake/sell false bullion/certificates 10 451.601 Pub trst E Blue sky lawsÑunregistered broker/dealer/agent/advisor 10 451.603(h) Pub trst E Blue sky lawsÑfail to notify administrator of sanctions 10 451.604(a)(1)(J) ÊÊto (S) and ÊÊ(V) to (Z) Pub trst E Blue sky lawsÑvarious violations 10 451.701 Pub trst E Blue sky lawsÑoffer/sell unregistered securities 10 451.802 Pub trst E Blue sky lawsÑunlawfully selling securities 10 451.804 Pub trst E Blue sky lawsÑwillful false statements 10 451.805(b) Pub trst E Blue sky lawsÑfalse representation of administrative approval 10 451.806(b) Pub trst E Blue sky lawsÑimproper disclosure by cor and sec bur employee 10 462.257(1) Person A TrainsÑendangering travel Life 462.353(5) Pub saf F Operating a locomotiveÑunder the influence Ê4 472.36 Pub saf A Street railwaysÑobstruction of track Life 482.44 Property H Bills of ladingÑissuance for goods not received Ê5 482.46 Property H Bills of ladingÑissuance of duplicate not so marked Ê5 482.48 Property H Bills of ladingÑnegotiation when goods not in carriersÕ possession Ê5 M.C.L. Category Class Description Stat Max 482.49 Property H Bills of ladingÑinducing carrier to issue when goods have not been received Ê5 482.50 Property H Bills of ladingÑissuance of non-negotiable bill not so marked Ê5 483.226 Pub trst E Officer of a pipeline companyÑintent to defraudÑstock 10 487.1505(6) Pub trst E BIDCO actÑknowingly receiving money or property at an interest rate > 25% Ê5 492.137(a) Pub trst H Installment sales of motor vehicles Ê3 493.56a(13) Pub trst C False statement in reportsÑsecondary mortgage 15 493.77(2) Pub trst H Regulatory loans Ê3 Sec. 15. This chapter applies to the following felonies enumerated in chapters 500 to 749 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 500.1325(3) Pub trst E Insurance codeÑknowingly misrepresenting false financial condition Ê5 500.1371 Pub trst H Holding companiesÑviolation Ê2 500.1505(2) Pub trst C Insurance codeÑlicense and regulatory violations 15 500.4511(1) Pub trst F Insurance codeÑfraudulent insurance act Ê4 500.4511(2) Pub trst D Insurance fraudÑagreement or conspiracy to commit 10 500.5252(4) Property G InsuranceÑimproper personal interest in transactions Ê5 500.7034(2) Pub trst E Officer of a MEWA knowingly receive valuables for sale property or loan 10 500.8197(2) Pub trst C InsuranceÑknowing or willful false statements in application for insurance 15 500.8197(3) Property E Consolidation mergerÑcompensation otherwise than expressed in contract Ê5 551.6 Person H Marriage licenseÑmental or venereal disease Ê5 554.836 Property E Real and propertyÑliving care disclosure act Ê7 565.371 Property G Fraudulent conveyancesÑrecording with intent to deceive Ê3 565.827 Pub trst E Land sales actÑfalse or fraudulent statement 10 570.152 Property G ContractorÑfraudulent use of building contract fund Ê3 570.1110 Property F ContractorÑfalse sworn statements over $100 Ê4 570.1207 Property G Construction liensÑfalse information Ê4 600.908(8) Pub trst E Immunity to witnessÑcommitting perjury 15 600.2136 Pub trst E Library record, book, paperÑfalse certification in court 15 600.2907a Property G Recording documents affecting property without lawful cause Ê3 600.2916 Pub saf G Revised judicature actÑlethal gases for fumigation Ê4 600.8713 Pub trst G Revised judicature actÑfalse statement by authorized local officials 15 600.8813 Pub trst E Law enforcement officerÑknowingly making false statement in a citation 15 710.54(11) Pub trst F Offer to give other considerationÑadoptionÑsubsequent violation Ê4 710.55(1) Pub trst F AdoptionÑpersons not authorized placing childÑsubsequent violation Ê4 710.69 Person F Michigan adoption lawÑsecond offense Ê4 711.1(8) Pub trst E Intentional false statement in petition for name change 15 722.633(5)(b) Person F Intentional false report of child abuse constituting a felony Ê4 722.675 Pub ord E Distributing obscene matter to children Ê2 722.857 Person E Surrogate parenting actÑcontracts involving minors, mentally retarded, etc. Ê5 722.859(3) Person E Surrogate parenting actÑcontracts for compensation Ê5 Sec. 16. This chapter applies to felonies enumerated in chapter 750 of the Michigan Compiled Laws as set forth in sections 16a to 16z of this chapter. Sec. 16a. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.11 Person A Taking a woman and compelling her to marry Life 750.12 Person H Taking a woman with intent to compel her to marry 10 750.13 Person D Enticing female under 16 for immoral purposes 10 750.14 Person C Abortion resulting in death of female 15 750.14 Person G Abortion Ê4 750.30 Pub ord H Adultery Ê4 750.32 Pub ord H Cohabitation of divorced parties Ê4 Sec. 16b. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.49(2)(a) to (d) Pub ord F Fighting animals or providing facilities for animal fights Ê4 750.49(2)(e) Pub ord F Organizing or promoting animal fights Ê4 750.49(2)(f) Pub ord H Attending animal fight Ê4 750.49(2)(g) Pub ord F Breeding or selling fighting animals Ê4 750.49(2)(h) Pub ord F Selling or possessing equipment for animal fights Ê4 750.49(8) Person A Inciting fighting animal resulting in death Life 750.49(9) Person F Inciting fighting animal to attack Ê4 750.49(10) Person D Fighting animal attacking without provocation and death resulting 15 750.50(4) Pub ord G Animal neglect or crueltyÑsecond offense Ê2 750.50(4) Pub ord F Animal neglect or crueltyÑthird or subsequent offense Ê4 750.50b(2) Property F Killing or torturing animals Ê4 750.50c(5) Pub ord E Killing or causing serious physical harm to law enforcement animal Ê5 750.50c(7) Pub saf H Harassing or causing harm to law enforcement animal while committing crime Ê2 750.68 Property G Changing brands with intent to steal Ê4 Sec. 16c. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.72 Person B Arson of a dwelling house 20 750.73 Property D Arson of real property 10 750.74 Person F Arson of personal property greater than $50 Ê4 750.75 Property D Arson of insured property 10 750.77 Person F Preparing to burn personal property greater than $50 Ê4 750.78 Pub saf F Arson of woods and prairies Ê4 750.79 Pub saf F Violating township rules concerning clearing of land and burning Ê4 750.80 Property D Arson of mines Life Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.81(4) Person G Domestic assaultÑthird offense Ê2 750.81a(3) Person G Aggravated domestic assaultÑsecond offense Ê2 750.82(1) Person F Felonious assault Ê4 750.82(2) Person F Felonious assaultÑweapon-free school zone Ê4 750.83 Person A Assault with intent to murder Life 750.84 Person D Assault with intent to do great bodily harm less than murder 10 750.86 Person D Assault with intent to maim 10 750.87 Person D Assault with intent to commit a felony 10 750.88 Person C Assault with intent to commit unarmed robbery 15 750.89 Person A Assault with intent to commit armed robbery Life 750.90 Person D Sexual intercourse under pretext of medical treatment 10 750.91 Person A Attempted murder Life Sec. 16e. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.93 Property G Removing or destroying bonds in state treasury 10 750.94 Property G Issuing bank notes without complying with requirements 10 750.95 Property G Fraudulent bank notes 10 750.96 Property G Fraudulent disposal of bank property Ê4 750.97 Property H Statements derogatory to financial condition of bank Ê4 750.98 Pub ord G Private banking Ê4 750.99 Pub trst G Certifying checks without sufficient funds Ê4 750.100 Pub trst E BanksÑconducting business when insolvent Ê5 750.101 Pub trst E Violating financial institutions act Ê5 750.104 Property F Fitting boat with intent to destroy Ê4 750.105 Property G Making false cargo invoice for boat Ê4 750.106 Property G BoatsÑmaking or procuring false protest Ê4 Sec. 16f. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.110 Property D Breaking and entering with intent to commit felony or larceny 10 750.110a(4) Person B Home invasionÑfirst degree 20 750.110a(5) Person C Home invasionÑsecond degree 15 750.111 Property E Entering without breaking with intent to commit felony or larceny Ê5 750.112 Person A Burglary with explosives Life 750.116 Property E Possession of burglarÕs tools 10 750.117 Pub trst F Bribing public officer Ê4 750.118 Pub trst D Public officer accepting bribe 10 750.119 Pub trst F Bribing jurors and others Ê4 750.120 Pub trst F Jurors and others accepting bribes Ê4 750.121 Pub trst F Bribing public officers to influence contract Ê4 750.124 Pub trst G Bribing athletes Ê4 750.128 Pub ord H Bucket shops Ê2 750.131(3)(a)(iv) Property H NSF checksÑ$50 or lessÑfourth offense 13 months 750.131(3)(b)(ii) Property H NSF checksÑ$50 to $200Ñthird offense 13 months 750.131(3)(c) Property H NSF checksÑover $200 13 months 750.131a(1) Property H No account checks Ê2 750.131a(2) Property H No account checksÑthree within 10 days Ê2 Sec. 16g. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.135 Person D Exposing children with intent to injure or abandon 10 750.136b(f)(2) Person C Child abuseÑfirst degree 15 750.136b(f)(3) Person F Child abuseÑsecond degree Ê4 750.136b(f)(4) Person G Child abuseÑthird degree Ê2 750.145b Person F Accosting children for immoral purposesÑsecond offense Ê4 750.145c(2) Person B Child sexually abusive activity or materialsÑactive involvement 20 750.145c(3) Person D Child sexually abusive activity or materialsÑdistributing, promoting, or financing Ê7 750.145n(1) Person C Vulnerable adult abuseÑfirst degree 15 750.145n(2) Person F Vulnerable adult abuseÑsecond degree Ê4 750.145n(3) Person G Vulnerable adult abuseÑthird degree Ê2 750.145o Person E Death of vulnerable adult caused by unlicensed caretaker Ê5 750.145p(1) Person G Vulnerable adultÑcommingling funds, obstructing investigation, or filing false information Ê2 750.145p(2) Person G Retaliation or discrimination by caregiver against vulnerable adult Ê2 750.145p(5) Person E Vulnerable adultÑcaregiver violationsÑsecond offense Ê5 750.147b Person G Ethnic intimidation Ê2 Sec. 16h. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.149 Pub saf F Concealing an offense punishable by life Ê4 750.157a(b) Pub ord H ConspiracyÑgambling Ê5 750.157a(d) Pub ord G Conspiracy to commit legal act in illegal manner Ê5 750.157b(2) Person A Solicitation of murder Life 750.157b(3)(a) Pub ord E Solicitation of felony punishable by life or 5 or more years Ê5 750.157b(3)(b) Pub ord G Solicitation of felony punishable by less than 5 years Ê2 750.157n(1) Property H Financial transaction deviceÑstealing, retaining, or using without consent Ê4 750.157n(2) Property H Possessing fraudulent or altered financial transaction device Ê4 750.157p Property H Possessing financial transaction device without permission and with intent to use or sell Ê4 750.157q Property H Delivery or sale of fraudulent financial transaction device Ê4 750.157r Property H Financial transaction deviceÑforgery, alteration, or counterfeiting Ê4 750.157s Property H Use of revoked or canceled financial transaction device over $100 Ê1 750.157t Property H Furnishing goods or services to person committing violation with financial transaction device Ê4 750.157u Property H Overcharging person using financial transaction device Ê4 750.157v Property H False statement of identity to obtain financial transaction device Ê4 750.157w Property H Fraudulently withdrawing or transferring more than $500 with financial transaction device Ê4 Sec. 16i. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.158 Pub ord E Sodomy 15 750.159j Pub saf B Racketeering 20 750.160 Pub ord D Disinterring or mutilating dead human bodies 10 750.160a Pub ord H Photographing dead human bodies Ê2 750.161 Pub ord G Desertion/abandonment/nonsupport Ê3 750.164 Pub ord F Desertion to escape prosecution Ê4 750.165 Pub ord F Failing to pay support and leaving state Ê4 750.171 Person E Duelling 10 750.174 Property D Embezzlement by agent over $100 10 750.175 Pub trst D Embezzlement by public official over $50 10 750.176 Pub trst E Embezzlement by administrator/executor/guardian 10 750.177 Property H Embezzlement by chattel mortgagor over $100 Ê2 750.178 Property G Embezzlement of mortgaged or leased propertyÑover $100 Ê2 750.179 Property G Embezzlement of railroad tickets Ê4 750.180 Property D Embezzlement by financial institutions 20 750.181 Property E Embezzlement of jointly held property over $100 10 750.182 Property G Embezzlement by warehouses Ê4 750.182a Pub trst H Falsifying school records Ê2 Sec. 16j. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.183 Pub saf E Aiding escaping prisoner Ê7 750.186a(1) Pub saf F Escape from a juvenile facility Ê4 750.189 Pub saf H Officer negligently allowing prisoner to escape or refusing to receive prisoner Ê2 750.190 Pub saf G Officer receiving reward to assist or permit escape Ê2 750.193 Pub saf E Escape from prison Ê5 750.195(1) Pub saf H Escape from a misdemeanor jail sentence Ê2 750.195(2) Pub saf F Escape from a felony jail sentence Ê4 750.197(1) Pub saf H Escape while awaiting trial for misdemeanor Ê2 750.197(2) Pub saf F Escape while awaiting trial for felony Ê4 750.197c Pub saf F Escape from jail through violence Ê4 750.199a Pub ord F Absconding on or forfeiting bond Ê4 Sec. 16k. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.200 Pub saf F ExplosivesÑtransport by common carriers Ê4 750.201 Pub saf F Transportation of concussion or friction type explosives Ê4 750.202 Pub saf F Shipping explosives with false markings or invoice Ê4 750.204 Pub saf E Sending explosives with intent to injure persons Ê5 750.204a Pub saf F Sending or transporting imitation explosive device with malicious intent Ê4 750.205 Pub saf C Placing explosives with the intent to destroy property 15 750.205a Pub saf F Intimidation or harassment by device represented as an explosive Ê4 750.206 Person B Placing explosives with damage to property resulting 25 750.208 Pub saf C Aiding or abetting explosives placement with intent to destroy property 15 750.209 Pub saf C Placing foul or offensive substance to injure 15 750.209 Pub saf F Placing foul or offensive substance to alarm Ê4 750.210 Pub saf E Possession of bombs with unlawful intent Ê5 750.210a Pub saf H Sale of valerium Ê5 750.211 Pub saf E Manufacture of explosives with unlawful intent Ê5 750.211a Pub saf F Possessing or manufacturing device designed to explode upon impact or heating Ê4 Sec. 16l. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.213 Person B Threats to extort money 20 750.217b Pub saf G Impersonating public utility employee Ê2 750.218 Property E False pretenses over $100 10 750.219a(2)(c) Property E Telecommunications fraudÑ2 prior convictions or value between $1,000-$20,000 Ê5 750.219a(2)(d) Property D Telecommunications fraudÑ3 or more prior convictions or value over $20,000 10 Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.223(2) Pub saf F Sale of firearm to minorÑsecond offense Ê4 750.223(3) Pub ord D Sale of firearm to person prohibited from possessing 10 750.224 Pub saf E Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc. Ê5 750.224a Pub saf F Possession or sale of electrical current weapons Ê4 750.224b Pub saf E Possession of short barreled shotgun or rifle Ê5 750.224c Pub saf F Armor piercing ammunition Ê4 750.224d(2) Person G Using self-defense spray device Ê2 750.224e Pub saf F Manufacture/sale/possession of devices to convert semiautomatic weapons Ê4 750.224f Pub saf E Possession or sale of firearm by felon Ê5 750.226 Pub saf E Carrying firearm or dangerous weapon with unlawful intent Ê5 750.227 Pub saf E Carrying a concealed weapon Ê5 750.227a Pub saf F Unlawful possession of pistol Ê4 750.227c Pub saf G Possessing a loaded firearm in or upon a vehicle Ê2 750.227f Pub saf F Wearing body armor during commission of violent crime Ê4 750.230 Pub saf G Altering ID mark on firearm Ê2 750.232a(3) Pub saf G False statement in a pistol application Ê4 750.234a Pub saf F Discharging firearm from vehicle Ê4 750.234b Pub saf F Discharging firearm in or at a building Ê4 750.234c Pub saf F Discharging firearm at emergency/police vehicle Ê4 750.236 Person C Setting spring gunÑdeath resulting 15 750.237a(1) Pub saf F Weapon-free school zonesÑgeneral felony violations Variable Sec. 16n. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.241(1) Pub saf F Obstructing firefighter Ê4 750.241(3) Pub saf F Obstructing public service facility personnel in civil disturbance Ê4 750.248 Property E Forgery 14 750.248a Property F Uttering and publishing financial transaction device Ê4 750.249 Property E Uttering and publishing forged records 14 750.249a Property H Molds or dies to forge financial transaction device Ê4 750.250 Property E Forgery of treasury notes Ê7 750.251 Property E Forgery of bank bills Ê7 750.252 Property E Possessing counterfeit notes Ê7 750.253 Property G Uttering counterfeit notes Ê5 750.254 Property E Possession of counterfeit notes or bills Ê5 750.255 Property E Possession of counterfeiting tools 10 750.260 Property E Counterfeiting coins or possession of 5 or more counterfeit coins Life 750.261 Property E Possession of 5 or fewer counterfeit coins 10 750.262 Property E Manufacture or possession of tools to counterfeit coins 10 750.263(3) Property E Delivery, use, or display of items with counterfeit markÑ subsequent offense or over $1,000 or 100 items Ê5 750.263(4) Property E Manufacturing items with counterfeit mark Ê5 750.266 Property G Counterfeiting railroad tickets Ê4 Sec. 16o. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.271 Property E Fraudulently issuing or selling domestic securities 10 750.272 Property G Sale of fraudulent stock of foreign corporations 10 750.273 Property E Obtaining signature to financial document with intent to defraud 10 750.274 Property E FraudÑpurchasing/collecting on fraudulent financial document 10 750.276 Property G FraudÑpromise to vendee of grain at fictitious price Ê4 750.277 Pub trst G Promise to vendee of grain to sell at a fictitious priceÑsale and transfer Ê4 750.278 Property G FraudÑwarehouse receipts Ê5 750.279 Property G FraudÑdisposition of exhausted property Ê4 750.280 Property E Gross frauds/cheats at common law 10 750.282 Pub ord G Public utilityÑfraudulent use over $500 Ê4 750.300 Pub ord G AnimalsÑkilling/injuring to defraud insurance company Ê2 750.300a(1)(a) Property G Food stamp fraudÑ$250 or lessÑsecond offense Ê5 750.300a(1)(a) Property G Food stamp fraudÑ$250 or lessÑthird offense 10 750.300a(1)(b) Property E Food stamp fraudÑmore than $250 to $1,000 Ê5 750.300a(1)(b) Property E Food stamp fraudÑmore than $250 to $1,000Ñsecond offense 10 750.300a(1)(c) Property E Food stamp fraudÑover $1,000 10 750.303 Pub ord H Gambling Ê2 750.313 Pub ord H GamblingÑstocks/bonds/commodities Ê2 Sec. 16p. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.317 Person M2 Second degree murder Life 750.321 Person C Manslaughter 15 750.322 Person C Willful killing of unborn quick child 15 750.323 Person C Abortion resulting in death 15 750.324 Person G Negligent homicide Ê2 750.327 Person A Death by explosives on vehicle or vessel Life 750.328 Person A Death by explosives in or near building Life 750.329 Person C HomicideÑweapon aimed with intent but not malice 15 Sec. 16q. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.332 Property H Entering horse in race under false name Ê4 750.335a Person A Indecent exposure by sexually delinquent person Life 750.338 Pub ord G Gross indecency between males Ê5 750.338a Pub ord G Gross indecency between females Ê5 750.338b Pub ord G Gross indecency between males and females Ê5 750.348 Pub saf H Inciting Indians to violate a treaty Ê4 750.349 Person A Kidnapping Life 750.349a Person A Prisoner taking a hostage Life 750.350 Person A KidnappingÑchild enticement Life 750.350a Person H KidnappingÑcustodial interference Ê1 Sec. 16r. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.356 Property E Larceny over $100 Ê5 750.356a Property G Larceny from a motor vehicle Ê5 750.356b Property G Breaking and entering a coin telephone Ê4 750.356c Property H Retail fraudÑfirst degree Ê2 750.357 Person D Larceny from the person 10 750.357a Property G Larceny of livestock Ê4 750.357b Property E LarcenyÑstealing firearms of another Ê5 750.358 Property G Larceny from burning building Ê5 750.360 Property G Larceny in a building Ê4 750.361 Property H TrainsÑstealing/maliciously removing parts Ê2 750.362 Property E Larceny by conversion over $100 Ê5 750.362a Property H Larceny of rental property Ê2 750.363 Property E Larceny by false personation over $100 Ê5 750.365 Person D Larceny from car or persons detained or injured by accident 20 750.366 Property G Larceny of railroad tickets Ê4 750.367 Property G Larceny of trees and shrubs over $100 Ê5 750.367b Property E AirplanesÑtaking possession Ê5 750.372 Pub ord H Running or allowing lottery Ê2 750.373 Pub ord H Selling or possessing lottery tickets Ê2 750.374 Pub ord H LotteryÑsecond offense Ê4 Sec. 16s. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.377a Property G Malicious destruction of personal property over $100 Ê4 750.377b Property F Malicious destruction of fire/police property Ê4 750.377c Property E School busÑintentional damage Ê5 750.378 Property F Malicious destruction of propertyÑdams/canals/mills Ê4 750.379 Property F Malicious destruction of propertyÑbridges/railroads/locks Ê4 750.380 Property F Malicious destruction of building over $100 Ê4 750.383a Property F Malicious destruction of utility equipment Ê4 750.386 Property E Malicious destruction of mine property 20 750.387 Property G Malicious destruction of tombs and memorials Ê5 750.392 Property E Malicious destruction of propertyÑvessels 10 750.397 Person D Mayhem 10 750.397a Person D Placing harmful objects in food 10 750.405 Pub saf E Inciting soldiers to desert Ê5 750.406 Pub saf E Military storesÑlarceny, embezzlement or destruction Ê5 Sec. 16t. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.410a Person G Conspiracy to commit a person to state hospital unjustly Ê4 750.411a(1)(b) Pub ord F False report of a felony Ê4 750.411a(2) Pub ord F False report of a bombing or threat to bomb Ê4 M.C.L. Category Class Description Stat Max 750.411b Pub trst G Excess fees to members of legislature Ê4 750.411h(2)(b) Person E Stalking of a minor Ê5 750.411i(3)(b) Person D Aggravated stalking of a minor 10 750.411l Pub ord H Money launderingÑfourth degree Ê2 750.411m Pub ord E Money launderingÑthird degree Ê5 750.411n Pub ord D Money launderingÑsecond degree 10 750.411o Pub ord B Money launderingÑfirst degree 20 750.411p(2)(a) Property B Money launderingÑ > $10,000 proceeds from controlled substance offense 20 750.411p(2)(b) Property D Money launderingÑproceeds from controlled substance offense or other proceeds > $10,000 10 750.411p(2)(c) Property E Money launderingÑtransactions involving represented proceeds Ê5 Sec. 16u. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.413 Property E Unlawful driving away of an automobile Ê5 750.414 Property H Unlawful use of an automobile Ê2 750.415(2) Property G Motor vehiclesÑconceal/misrepresent identity with intent to mislead Ê4 750.417 Property H Motor vehicleÑmortgagedÑremoval from state Ê4 750.418 Property H Removing a vehicle out of state without vendorÕs consent Ê4 750.420 Pub saf H Motor vehicleÑequipping to release smoke/gas Ê4 750.421 Pub saf H Motor vehicleÑdesigned for attack Ê5 750.421b Pub saf H Hinder transport of farm/commercial productsÑsecond offense Ê2 Sec. 16v. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.422 Pub trst G PerjuryÑcommitted in court/capital crime Life 750.422 Pub trst G PerjuryÑcommitted in court/noncapital crime 15 750.423 Pub trst E Perjury 15 750.424 Pub trst E Subornation of perjury 15 750.425 Pub trst E Inciting or procuring perjury Ê5 750.436(1) Person E Poisoning food/drink/wells Ê5 750.436(2) Person A PoisonÑfood/drink/medicine/wellsÑlarge amounts/injury Life 750.436(3) Pub saf H PoisonÑMalicious false statement of poisoning Ê2 750.439 Pub ord G Polygamy Ê4 750.440 Pub ord G PolygamyÑknowingly entering a prohibited marriage Ê4 750.441 Pub ord G Teaching or advocating polygamy Ê4 750.442 Pub ord G Participating in prizefights Ê4 750.443 Pub ord G PrizefightsÑtraining Ê4 Sec. 16w. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.451 Pub ord G ProstitutionÑvarious offensesÑthird offense Ê2 750.452 Pub ord E Keeping a house of prostitution Ê5 750.455 Pub ord G Pandering 20 750.456 Person B Placing spouse into prostitution 20 750.457 Pub ord G Accepting earnings of a prostitute 20 750.458 Person B ProstitutionÑdetaining female for debt 20 750.459 Person B Transporting a female for prostitution 20 Sec. 16x. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.479 Person G Resisting or obstructing a peace officer Ê2 750.479a(2) Pub saf G Fleeing and eludingÑfourth degree Ê2 750.479a(3) Pub saf E Fleeing and eludingÑthird degree Ê5 750.479a(4) Person D Fleeing and eludingÑsecond degree 10 750.479a(5) Person C Fleeing and eludingÑfirst degree 15 M.C.L. Category Class Description Stat Max 750.479a(6) Person H Assaulting peace officer Ê2 750.479b(1) Person F Disarming peace officerÑnonfirearm Ê4 750.479b(2) Person D Disarming peace officerÑfirearm 10 750.480 Pub trst F Public officersÑrefusing to turn over books/money to successor Ê4 750.488 Pub trst H Public officersÑstate officialÑretaining fees Ê2 750.490 Pub trst H Public moneyÑsafekeeping Ê2 750.491 Pub trst H Public recordsÑremoval/mutilation/destruction Ê2 750.492a(1)(a) Pub trst G Medical recordÑintentional place false informationÑhealth care provider Ê4 750.492a(2) Pub trst G Medical recordÑhealth care provider alter conceal injury/death Ê4 750.495a(2) Person F Concealing objects in trees or wood productsÑcausing injury Ê4 750.495a(3) Person C Concealing objects in trees or wood productsÑcausing death 15 750.505 Pub ord E Common law offenses Ê5 750.511 Person A Blocking or wrecking railroad track Life 750.512 Property E Uncoupling railroad cars 10 750.513 Property H Issuing fraudulent railroad securities 10 750.514 Property H Seizing locomotive with mail car 10 750.516 Person C Stopping train to rob Life 750.517 Person C Boarding train to rob Life Sec. 16y. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.520b Person A First degree criminal sexual conduct Life 750.520c Person C Second degree criminal sexual conduct 15 750.520d Person C Third degree criminal sexual conduct 15 750.520e Person G Fourth degree criminal sexual conduct Ê2 750.520g(1) Person D Assault with intent to commit sexual penetration 10 750.520g(2) Person E Assault with intent to commit sexual contact Ê5 750.528 Pub saf F Destroying dwelling house or other property Ê4 750.528a Pub saf F Civil disordersÑfirearms/explosives Ê4 750.529 Person A Armed robbery Life 750.529a Person A Carjacking Life 750.530 Person C Unarmed robbery 15 750.531 Person C Bank robbery/safebreaking Life 750.532 Person H Seduction Ê5 Sec. 16z. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 750.535 Property E Receiving or concealing stolen property over $100 Ê5 750.535a Pub ord E Operating a chop shop Ê5 750.535b Pub saf E Stolen firearms or ammunition 10 750.539c Pub ord H Eavesdropping Ê2 750.539d Pub ord H Installing eavesdropping device Ê2 750.539e Pub ord H Divulging information obtained by eavesdropping Ê2 750.539f Pub ord H Manufacture or possession of eavesdropping device Ê2 750.540 Pub ord H Tapping or cutting telephone lines Ê2 750.540c(3) Property F Telecommunications and computerÑmanufacture or deliver counterfeit communications Ê4 750.540f(2) Property E Telecommunications and computerÑknowingly publishing counterfeit devicesÑsecond conviction Ê5 750.540g(1)(c) Property E TelecommunicationsÑdiverting value $1,000-$20,000 or priors Ê5 750.540g(1)(d) Property D TelecommunicationsÑdiverting value > $20,000 or priors 10 750.545 Pub ord E Misprision of treason Ê5 750.552b Property F Trespassing on correctional facility property Ê4 Sec. 17. This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 752.191 Pub saf G Felonious driving Ê2 752.365(3) Pub ord G ObscenityÑsecond offense Ê2 M.C.L. Category Class Description Stat Max 752.541 Pub saf D Riot 10 752.542 Pub saf D Incitement to riot 10 752.542a Pub saf D Riot in state correctional facilities 10 752.543 Pub saf G Unlawful assembly Ê5 752.701 Property H Destruction or removal of timber Ê1 752.797(1)(c) Property E Computer fraudÑ2 prior convictions or value between $1,000 and $20,000 Ê5 752.797(1)(d) Property D Computer fraudÑ3 or more prior convictions or value over $20,000 10 752.802 Property H Vending machinesÑmanufacture/sale of slugs Ê5 752.811 Property H Breaking and entering a coin operated device Ê3 752.861 Person G Careless discharge of firearm causing injury or death Ê2 752.881 Person G Reckless use of bow and arrow resulting in injury or death Ê2 752.1003 Property F Health care fraudÑfalse claim/state, unnecessary, conceal information Ê4 752.1004 Property F Health care fraudÑkickbacks/referral fees Ê4 752.1005 Property H Health care fraudÑconspiracy 10 752.1006 Property D Health care fraudÑsecond offense 20 752.1027 Person F Assisted suicide Ê4 752.1054(2) Property G Copying audio/video recordings for gain Ê5 764.1e Pub trst C Peace officerÑfalse statement in a complaint 15 767.4a Pub trst F Disclosing or possessing grand jury information Ê4 800.281(1) Pub saf H Furnishing prisoner with contraband Ê5 800.281(2) Pub saf H Furnishing prisoner with contraband outside Ê5 800.281(3) Pub saf H Bringing contraband into prisons Ê5 800.281(4) Pub saf E Prisoner possessing contraband Ê5 800.283(1) Pub saf E Furnishing weapon to prisoner in prison Ê5 800.283(2) Pub saf E PrisonsÑknowledge of a weapon in a correctional facility Ê5 800.283(3) Pub saf E Bringing weapon into prison Ê5 800.283(4) Pub saf E Prisoner possessing weapon Ê5 Sec. 18. This chapter applies to the following felonies: M.C.L. Category Description Stat Max 333.7410 CS Controlled substance delivery or distribution to minors or students Variable 333.7413(2) or (3) Pub trst Subsequent controlled substance violations Variable 333.7416(1)(a) CS Recruiting or inducing a minor to commit a controlled substance felony Variable 750.157a(a) Pub saf Conspiracy Variable 750.157c Person Inducing minor to commit a felony Variable 750.188 Pub ord Voluntarily suffering prisoner to escape Variable 750.367a Property Larceny of rationed goods Variable 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 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. PART 3 Scoring Instructions for Sentencing Guidelines 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 offenderÕs 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 offenderÕs 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 offenderÕs 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, 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 or attempted homicide. 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, 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 involves the operation of a vehicle, vessel, aircraft, or locomotive. PART 4 Offense Variables Sec. 31. (1) Offense variable 1 is aggravated use of a weapon. Score offense variable 1 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 firearm was discharged at or toward a human being or a victim was cut or stabbed with a knife or other cutting or stabbing weapon 25 points (b) A firearm was pointed at or toward a victim or the victim had a reasonable apprehension of an immediate battery when threatened with a knife or other cutting or stabbing weapon 15 points (c) The victim was touched by any other type of weapon 10 points (d) A weapon was displayed or implied 5 points (e) No aggravated use of a weapon occurred 0 points (2) All of the following apply to scoring offense variable 1: (a) Count each person who was placed in danger or injury or loss of life as a victim. (b) In multiple offender cases, if 1 offender is assessed points for the presence or use of a weapon, all offenders shall be assessed the same number of points. (c) Score 5 points if an offender used an object to suggest the presence of a weapon. (d) Do not score 5 points if the conviction offense is a violation of section 82 or 529 of the Michigan penal code, 1931 PA 328, MCL 750.82 and 750.529. Sec. 32. (1) Offense variable 2 is lethal potential of the weapon possessed. Score offense variable 2 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 possessed an incendiary device, an explosive device, or a fully automatic weapon 15 points (b) The offender possessed a short-barreled rifle or a short-barreled shotgun 10 points (c) The offender possessed a pistol, rifle, shotgun, or knife or other cutting or stabbing weapon 5 points (d) The offender possessed any other potentially lethal weapon 1 point (e) The offender possessed no weapon 0 points (2) In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall be assessed the same number of points. (3) As used in this section: (a) ÒFully automatic weaponÓ means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot. (b) ÒPistolÓ, ÒrifleÓ, or ÒshotgunÓ includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle. (c) ÒIncendiary deviceÓ includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device. 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) Life threatening or permanent incapacitating injury occurred to a victim 25 points (c) Bodily injury requiring medical treatment occurred to a victim 10 points (d) Bodily injury not requiring medical treatment occurred to a victim 5 points (e) 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) Do not score 5 points if bodily injury is an element of the sentencing offense. (3) As used in this section, Òrequiring medical treatmentÓ refers to the necessity for treatment and not the victimÕs success in obtaining treatment. Sec. 34. (1) Offense variable 4 is psychological injury to a victim. Score offense 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) Serious psychological injury requiring professional treatment occurred to a victim 10 points (b) No serious psychological injury requiring professional treatment occurred to a victim 0 points (2) Score 10 points if the serious psychological injury may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive. Sec. 35. (1) Offense variable 5 is psychological injury to a member of a victimÕs 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 homicide victimÕs family 15 points (b) No serious psychological injury requiring professional treatment occurred to a homicide victimÕs family 0 points (2) Score 15 points if the serious psychological injury to the victimÕs family may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive. Sec. 36. (1) Offense variable 6 is the offenderÕs intent to kill or injure another individual. Score offense variable 6 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 had premeditated intent to kill or the killing was committed while committing or attempting to commit arson, criminal sexual conduct in the first or third degree, child abuse in the first degree, a major controlled substance offense, robbery, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, or kidnapping or the killing was the murder of a peace officer or a corrections officer 50 points (b) The offender had unpremeditated intent to kill, the intent to do great bodily harm, or created a very high risk of death or great bodily harm knowing that death or great bodily harm was the probable result 25 points (c) The offender had intent to injure or the killing was committed in an extreme emotional state caused by an adequate provocation and before a reasonable amount of time elapsed for the offender to calm or there was gross negligence amounting to an unreasonable disregard for life 10 points (d) The offender had no intent to kill or injure 0 points (2) All of the following apply to scoring offense variable 6. (a) The sentencing judge shall score this variable consistent with a jury verdict unless the judge has information that was not presented to the jury. (b) Score 10 points if a killing is intentional within the definition of second degree murder or voluntary manslaughter, but the death occurred in a combative situation or in response to victimization of the offender by the decedent. Sec. 37. (1) Offense variable 7 is aggravated physical abuse. Score offense variable 7 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 treated with terrorism, sadism, torture, or excessive brutality 50 points (b) No victim was treated with terrorism, sadism, torture, or excessive brutality 0 points (2) As used in this section: (a) ÒTerrorismÓ means conduct designed to substantially increase the fear and anxiety a victim suffers during the offense. (b) ÒSadismÓ means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offenderÕs gratification. Sec. 38. (1) Offense variable 8 is victim asportation or captivity. Score offense variable 8 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 asported to another place of greater danger or to a situation of greater danger or was held captive beyond the time necessary to commit the offense 15 points (b) No victim was asported or held captive 0 points (2) All of the following apply to scoring offense variable 8: (a) Count each person who was placed in danger of injury or loss of life as a victim. (b) Score 0 points if the sentencing offense is kidnapping. Sec. 39. (1) Offense variable 9 is number of victims. Score offense variable 9 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) Multiple deaths occurred 100 points (b) There were 10 or more victims 25 points (c) There were 2 to 9 victims 10 points (d) There were fewer than 2 victims 0 points (2) All of the following apply to scoring offense variable 9: (a) Count each person who was placed in danger of injury or loss of life as a victim. (b) Score 100 points only in homicide cases. Sec. 40. (1) Offense variable 10 is exploitation of a vulnerable victim. Score offense variable 10 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) Predatory conduct was involved 15 points (b) The offender exploited a victimÕs physical disability, mental disability, youth or agedness, or a domestic relationship, or the offender abused his or her authority status 10 points (c) The offender exploited a victim by his or her difference in size or strength, or both, or exploited a victim who was intoxicated, under the influence of drugs, asleep, or unconscious 5 points (d) The offender did not exploit a victimÕs vulnerability 0 points (2) The mere existence of 1 or more factors described in subsection (1) does not automatically equate with victim vulnerability. (3) As used in this section: (a) ÒPredatory conductÓ means preoffense conduct directed at a victim for the primary purpose of victimization. (b) ÒExploitÓ means to manipulate a victim for selfish or unethical purposes. (c) ÒVulnerabilityÓ means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation. (d) ÒAbuse of authority statusÓ means a victim was exploited out of fear or deference to an authority figure, including, but not limited to, a parent, physician, or teacher. Sec. 41. (1) Offense variable 11 is criminal sexual penetration. Score offense variable 11 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) Two or more criminal sexual penetrations occurred 50 points (b) One criminal sexual penetration occurred 25 points (c) No criminal sexual penetration occurred 0 points (2) All of the following apply to scoring offense variable 11: (a) Score all sexual penetrations of the victim by the offender arising out of the sentencing offense. (b) Multiple sexual penetrations of the victim by the offender extending beyond the sentencing offense may be scored in offense variables 12 or 13. (c) Do not score points for the 1 penetration that forms the basis of a first- or third-degree criminal sexual conduct offense. Sec. 42. (1) Offense variable 12 is contemporaneous felonious criminal acts. Score offense variable 12 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) Three or more contemporaneous felonious criminal acts involving crimes against a person were committed 25 points (b) Two contemporaneous felonious criminal acts involving crimes against a person were committed 10 points (c) Three or more contemporaneous felonious criminal acts involving other crimes were committed 10 points (d) One contemporaneous felonious criminal act involving a crime against a person was committed 5 points (e) Two contemporaneous felonious criminal acts involving other crimes were committed 5 points (f) One contemporaneous felonious criminal act involving any other crime was committed 1 point (g) No contemporaneous felonious criminal acts were committed 0 points (2) All of the following apply to scoring offense variable 12: (a) A felonious criminal act is contemporaneous if both of the following circumstances exist: (i) The act occurred within 24 hours of the sentencing offense. (ii) The act has not and will not result in a separate conviction. (b) A violation of section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b, should not be considered for scoring this variable. (c) Do not score conduct scored in offense variable 11. 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 crimes against a person 25 points (b) 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 (c) The offense was part of a pattern of felonious criminal activity directly related to membership in an organized criminal group 10 points (d) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against property 25 points (e) 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 groupÕs 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. Sec. 44. (1) Offense variable 14 is the offenderÕs role. Score offense variable 14 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 was a leader in a multiple offender situation 10 points (b) The offender was not a leader in a multiple offender situation 0 points (2) All of the following apply to scoring offense variable 14: (a) The entire criminal transaction should be considered when scoring this variable. (b) If 3 or more offenders were involved, more than 1 offender may be determined to have been a leader. Sec. 45. (1) Offense variable 15 is aggravated controlled substance offenses. Score offense variable 15 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 involved the sale or delivery of a controlled substance other than marihuana or a mixture containing a controlled substance other than marihuana by the offender who was 18 years of age or older to a minor who was 3 or more years younger than the offender 25 points (b) The offense involved the sale, delivery, or possession with intent to sell or deliver 225 grams or more of a controlled substance classified in schedule 1 or 2 or a mixture containing a controlled substance classified in schedule 1 or 2 20 points (c) The offense involved the sale, delivery, or possession with intent to sell or deliver 50 or more grams but less than 225 grams of a controlled substance classified in schedule 1 or 2 or a mixture containing a controlled substance classified in schedule 1 or 2 15 points (d) The offense involved the sale, delivery, or possession with intent to sell or deliver 45 kilograms or more of marihuana or 200 or more of marihuana plants 10 points (e) The offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or counterfeit controlled substances having a value or under such circumstances as to indicate trafficking 5 points (f) The offense was not an offense described in subdivisions (a) through (e) 0 points (2) As used in this section: (a) ÒDeliverÓ means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration. (b) ÒMinorÓ means an individual 17 years of age or less. (c) ÒTraffickingÓ means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution. Sec. 46. (1) Offense variable 16 is property obtained, damaged, lost, or destroyed. Score offense variable 16 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) Wanton or malicious damage occurred beyond that necessary to commit the crime for which the offender is not charged and will not be charged 10 points (b) The property had a value of more than $20,000.00 or had significant historical, social, or sentimental value 10 points (c) The property destroyed had a value of $1,000.00 or more but not more than $20,000.00 5 points (d) The property destroyed had a value of $200.00 or more but not more than $1,000.00 1 point (e) No property was obtained, damaged, lost, or destroyed or the property had a value of less than $200.00 0 points (2) All of the following apply to scoring offense variable 16: (a) In multiple offender or victim cases, the appropriate points may be determined by adding together the aggregate value of the property involved, including property involved in uncharged offenses or charges dismissed under a plea agreement. (b) In cases in which the property was obtained unlawfully, lost to the lawful owner, or destroyed, use the value of the property in scoring this variable. If the property was damaged, use the monetary amount appropriate to restore the property to pre-offense condition in scoring this variable. (c) The amount of money or property involved in admitted but uncharged offenses or in charges that have been dismissed under a plea agreement may be considered. Sec. 47. (1) Offense variable 17 is degree of negligence exhibited. Score offense variable 17 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 showed a wanton or reckless disregard for the life or property of another person 10 points (b) The offender failed to show the degree of care that a person of ordinary prudence in a similar situation would have shown 5 points (c) The offender was not negligent 0 points (2) Do not score 10 points if points are given in offense variable 6. 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 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 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 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 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 and a controlled substance or a combination of intoxicating liquor or a controlled substance, or was less than 21 years of age and had any bodily alcohol content 5 points (e) The offenderÕs ability to operate a vehicle 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, Òany bodily alcohol contentÓ 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 individualÕs 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. 49. Offense variable 19 is threat to the security of a penal institution or court or interference with the administration of justice. Score offense variable 19 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 by his or her conduct threatened the security of a penal institution or court 25 points (b) The offender used force or the threat of force against another person or the property of another person to interfere with or attempt to interfere with the administration of justice 15 points (c) The offender otherwise interfered with or attempted to interfere with the administration of justice 10 points (d) The offender did not threaten the security of a penal institution or court or interfere with or attempt to interfere with the administration of justice 0 points PART 5 Prior Record Variables Sec. 50. (1) In scoring prior record variables 1 to 5, do not use any conviction or juvenile adjudication that precedes a period of 10 or more years between the discharge date from a conviction or juvenile adjudication and the defendantÕs commission of the next offense resulting in a conviction or juvenile adjudication. (2) Apply subsection (1) by determining the time between the discharge date for the prior conviction or juvenile adjudication most recently preceding the commission date of the sentencing offense. If it is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and determine the time between the commission date of that prior conviction and the discharge date of the next earlier prior conviction or juvenile adjudication. If that period is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and repeat this determination for each remaining prior conviction or juvenile adjudication until a period of 10 or more years is found or no prior convictions or juvenile adjudications remain. (3) If a discharge date is not available, add either the time defendant was sentenced to probation or the length of the minimum incarceration term to the date of the conviction and use that date as the discharge date. (4) As used in this part: (a) ÒConvictionÓ includes any of the following: (i) Assignment to youthful trainee status under sections 11 to 15 of chapter II. (ii) A conviction set aside under 1965 PA 213, MCL 780.621 to 780.624. (b) ÒDischarge dateÓ means the date an individual is discharged from the jurisdiction of the court or the department of corrections after being convicted of or adjudicated responsible for a crime or an act that would be a crime if committed by an adult. (c) ÒJuvenile adjudicationÓ includes an adjudication set aside under section 18e of chapter XIIA of 1939 PA 288, MCL 712A.18e, or expunged. Sec. 51. (1) Prior record variable 1 is prior high severity felony convictions. Score prior record variable 1 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 3 or more prior high severity felony convictions 75 points (b) The offender has 2 prior high severity felony convictions 50 points (c) The offender has 1 prior high severity felony conviction 25 points (d) The offender has no prior high severity felony convictions 0 points (2) As used in this section, Òprior high severity felony convictionÓ means a conviction for a crime listed in offense class M2, A, B, C, or D or for a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D, if the conviction was entered before the sentencing offense was committed. Sec. 52. (1) Prior record variable 2 is prior low severity felony convictions. Score prior record variable 2 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 4 or more prior low severity felony convictions 30 points (b) The offender has 3 prior low severity felony convictions 20 points (c) The offender has 2 prior low severity felony convictions 10 points (d) The offender has 1 prior low severity felony conviction 5 points (e) The offender has no prior low severity felony convictions 0 points (2) As used in this section, Òprior low severity felony convictionÓ means a conviction for a crime listed in offense class E, F, G, or H or for a felony under a law of the United States or another state that corresponds to a crime listed in offense class E, F, G, or H, if the conviction was entered before the sentencing offense was committed. Sec. 53. (1) Prior record variable 3 is prior high severity juvenile adjudications. Score prior record 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) The offender has 3 or more prior high severity juvenile adjudications 50 points (b) The offender has 2 prior high severity juvenile adjudications 25 points (c) The offender has 1 prior high severity juvenile adjudication 10 points (d) The offender has no prior high severity juvenile adjudications 0 points (2) As used in this section, Òprior high severity juvenile adjudicationÓ means a juvenile adjudication for conduct that would be a crime listed in offense class M2, A, B, C, or D 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 M2, A, B, C, or D if committed by an adult, if the order of disposition was entered before the sentencing offense was committed. 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 4 or 5 prior low severity juvenile adjudications 10 points (c) The offender has 2 or 3 prior low severity juvenile adjudications 5 points (d) The offender has 1 prior low severity juvenile adjudication 2 points (e) The offender has no prior low severity juvenile adjudications 0 points (2) As used in this section, Òprior low severity juvenile adjudicationÓ 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 a crime against a person or property, a controlled substance crime, or a weapon offense enumerated in chapter XXXVII of the Michigan penal code, 1931 PA 328, MCL 750.222 to 750.239a. 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 a vehicle, vessel, 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) ÒPrior misdemeanor convictionÓ 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) ÒPrior misdemeanor juvenile adjudicationÓ 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. Sec. 56. (1) Prior record variable 6 is relationship to the criminal justice system. Score prior record variable 6 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 is a prisoner of the department of corrections or serving a sentence in jail 20 points (b) The offender is incarcerated in jail awaiting adjudication or sentencing on a conviction or probation violation 15 points (c) The offender is on parole, probation, or delayed sentence status or on bond awaiting adjudication or sentencing for a felony 10 points (d) The offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor 5 points (e) The offender has no relationship to the criminal justice system 0 points (2) Score the appropriate points under this section if the offender is involved with the criminal justice system in another state or United States. (3) As used in this section: (a) ÒDelayed sentence statusÓ includes, but is not limited to, an individual assigned or deferred under any of the following: (i) Section 7411 of the public health code, 1978 PA 368, MCL 333.7411. (ii) Section 350a of the Michigan penal code, 1931 PA 328, MCL 750.350a. (iii) Sections 11 to 15 of chapter II. (iv) Section 4a of chapter IX. (b) ÒPrisoner of the department of corrections or serving a sentence in jailÓ includes an individual who is an escapee. Sec. 57. (1) Prior record variable 7 is subsequent or concurrent felony convictions. Score prior record variable 7 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 2 or more subsequent or concurrent convictions 20 points (b) The offender has 1 subsequent or concurrent conviction 10 points (c) The offender has no subsequent or concurrent convictions 0 points (2) All of the following apply to scoring record variable 7: (a) Score the appropriate point value if the offender was convicted of multiple felony counts or was convicted of a felony after the sentencing offense was committed. (b) Do not score a felony firearm conviction in this variable. (c) Do not score a concurrent felony conviction if a consecutive sentence will result from that conviction. PART 6 SENTENCING GRIDS Sec. 61. The following are the minimum sentence ranges for class M2: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-49 90-150 144-240 162-270 180-300 225-375 270-450 points or life or life or life II 50-99 144-240 162-270 180-300 225-375 270-450 315-525 points or life or life or life or life III 100+ 162-270 180-300 225-375 270-450 315-525 365-600 points or life or life or life or life or life or life Sec. 62. The following are the minimum sentence ranges for class A: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-19 21-35 27-45 42-70 51-85 81-135 108-180 points Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points II 20-39 27-45 42-70 51-85 81-135 108-180 126-210 points III 40-59 42-70 51-85 81-135 108-180 126-210 135-225 points IV 60-79 51-85 81-135 108-180 126-210 135-225 171-285 points V 80-99 81-135 108-180 126-210 135-225 171-285 225-375 points or life VI 100+ 108-180 126-210 135-225 171-285 225-375 270-450 points or life or life Sec. 63. The following are the minimum sentence ranges for class B: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-18 12-20 24-40 36-60 51-85 72-120 points II 10-24 12-20 15-25 30-50 51-85 72-120 78-130 points III 25-34 15-25 21-35 36-60 57-95 78-130 84-140 points IV 35-49 21-35 24-40 45-75 72-120 84-140 87-145 points V 50-74 24-40 36-60 51-85 78-130 87-145 99-160 points VI 75+ 36-60 45-75 57-95 84-140 99-160 117-160 points Sec. 64. The following are the minimum sentence ranges for class C: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-11 0-17 10-19 12-24 19-38 29-57 points II 10-24 0-17 5-17 12-24 19-38 29-57 36-71 points III 25-34 10-19 12-24 19-38 29-57 36-71 43-86 points IV 35-49 12-24 19-38 29-57 36-71 43-86 50-100 points Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points V 50-74 19-38 29-57 36-71 43-86 50-100 58-114 points VI 75+ 29-57 36-71 43-86 50-100 58-114 62-114 points Sec. 65. The following are the minimum sentence ranges for class D: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-6 0-9 0-11 0-17 5-23 10-23 points II 10-24 0-9 0-11 0-17 5-23 10-23 19-38 points III 25-34 0-11 0-17 5-23 10-23 19-38 29-57 points IV 35-49 0-17 5-23 10-23 19-38 29-57 34-67 points V 50-74 5-23 10-23 19-38 29-57 34-67 38-76 points VI 75+ 10-23 19-38 29-57 34-67 38-76 43-76 points Sec. 66. The following are the minimum sentence ranges for class E: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-3 0-6 0-9 5-23 7-23 9-23 points II 10-24 0-6 0-9 0-11 7-23 10-23 12-24 points III 25-34 0-9 0-11 0-17 10-23 12-24 14-29 points IV 35-49 0-11 0-17 5-23 12-24 14-29 19-38 points V 50-74 0-14 5-23 7-23 14-29 19-38 22-38 points VI 75+ 0-17 7-23 12-24 19-38 22-38 24-38 points Sec. 67. The following are the minimum sentence ranges for class F: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-3 0-6 0-9 2-17 5-23 10-23 points II 10-34 0-6 0-9 0-17 5-23 10-23 12-24 points III 35-74 0-9 0-17 2-17 10-23 12-24 14-29 points IV 75+ 0-17 2-17 5-23 12-24 14-29 17-30 points Sec. 68. The following are the minimum sentence ranges for class G: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-3 0-6 0-9 0-11 0-17 2-17 points II 10-15 0-6 0-9 0-11 0-17 2-17 5-23 points III 16+ 0-9 0-11 0-17 2-17 5-23 7-23 points Sec. 69. The following are the minimum sentence ranges for class H: PRIOR RECORD VARIABLE LEVEL Offense A B C D E F Variable Level 0 points 1-9 points 10-24 points 25-49 points 50-74 points 75+ points I 0-9 0-1 0-3 0-6 0-9 0-11 0-17 points II 10-15 0-3 0-6 0-9 0-11 0-17 2-17 points III 16+ 0-6 0-9 0-11 0-17 2-17 5-17 points Enacting section 1. This amendatory act takes effect December 15, 1998. Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law: (a) Senate Bill No. 826. (b) House Bill No. 4065. (c) House Bill No. 4444. (d) House Bill No. 4445. (e) House Bill No. 4446. (f) House Bill No. 4515. (g) House Bill No. 5398. (h) House Bill No. 5876. This act is ordered to take immediate effect. Clerk of the House of Representatives. Secretary of the Senate. Approved Governor.