HOUSE BILL No. 5667

 

 

February 28, 2018, Introduced by Reps. Howrylak and LaGrand and referred to the Committee on Law and Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 12 of chapter IX (MCL 769.12), as amended by

 

2012 PA 319.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IX

 

     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 must be punished upon conviction of the

 

subsequent felony and sentencing sentenced under section 13 of this

 

chapter as follows:

 

     (a) If the subsequent felony is a serious crime or a

 

conspiracy to commit a serious crime, and 1 or more of the prior

 

felony convictions are listed prior felonies, the court shall

 

sentence the person to imprisonment for not less than 25 years. Not

 

more than 1 conviction arising out of the same transaction shall be

 

is considered a prior felony conviction for the purposes of this

 

subsection only.

 

     (b) 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.

 

     (c) 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.

 

     (d) If the subsequent felony is a major controlled substance

 

offense, the person shall must 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 imposes a sentence of imprisonment for any

 

term of years under this section, 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 must be considered an indeterminate sentence. The

 

court shall not fix a maximum sentence that is less than the

 

maximum term for a first conviction.

     (3) A conviction shall must 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:

 

     (a) "Listed prior felony" means a violation or attempted

 

violation of any of the following:

 

     (i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.602a and 257.625.

 

     (ii) Article 7 of the public health code, 1978 PA 368, MCL

 

333.7101 to 333.7545, that is punishable by imprisonment for more

 

than 4 years.

 

     (iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2)

or (3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a,

 

234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i,

 

479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the

 

Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83,

 

750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a,

 

750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a,

 

750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a,

 

750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c,

 

750.520d, 750.520g, 750.529, 750.529a, and 750.530.

 

     (iv) A second or subsequent violation or attempted violation

 

of section 227b of the Michigan penal code, 1931 PA 328, MCL

 

750.227b.

 

     (v) Section 2a of 1968 PA 302, MCL 752.542a.

 

     (b) "Prisoner subject to disciplinary time" means that term as

 

defined in section 34 of 1893 PA 118, MCL 800.34.

 

     (b) (c) "Serious crime" means an offense against a person in

 

violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350,

 

397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal

 

code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89,

 

750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,

 

750.520c, 750.520d, 750.520g, 750.529, and 750.529a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5665 (request no.

 

02131'17) of the 99th Legislature is enacted into law.