SENATE BILL NO. 699

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 10 of chapter IX (MCL 769.10), as amended by 2006 PA 655.

the people of the state of michigan enact:

CHAPTER IX

Sec. 10. (1) If Subject to subsections (2), (4), (5), and (6), if a person has been convicted of a felony of the same crime class or an attempt to commit a felony of the same crime class, 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 the person commits a subsequent felony within this state, and the felony conviction is for an offense that occurred after the previous conviction was entered, 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 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 must be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.

(2) Not more than 1 conviction arising out of the same transaction may be considered a prior felony conviction for purposes of subsection (1).

(3) (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 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.

(4) (3) A conviction shall must not be used to score prior record variables under part 5 of chapter XVII, or 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.

(5) If a conviction is used in scoring a person's prior record under part 5 of chapter XVII, it must not be used as a basis to enhance a person's sentence under this section.

(6) A conviction that precedes a period of 10 or more years between the discharge date from a conviction or adjudication and the defendant's commission of a subsequent offense that results in a conviction or adjudication must not be used to enhance a sentence under this section.