Act No. 5

Public Acts of 2014

Approved by the Governor

February 11, 2014

Filed with the Secretary of State

February 11, 2014

EFFECTIVE DATE: May 12, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Graves, Kelly and Heise

ENROLLED HOUSE BILL No. 4716

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2012 PA 124.

The People of the State of Michigan enact:

CHAPTER XVII

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 minor — subsequent offense 4

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. 5

750.224a(4) Pub saf F Possession or sale of electrical current weapons 4

750.224a(6) Pub saf G Improper use of electro-muscular disruption device 2

750.224b Pub saf E Possession of short barreled shotgun or rifle 5

750.224c Pub saf F Armor piercing ammunition 4

750.224d(2) Person G Using self-defense spray device 2

750.224e Pub saf F Manufacture/sale/possession of devices to convert semiautomatic weapons 4

750.224f(5) Pub saf E Possession or sale of firearm by felon 5

750.224f(6) Pub saf E Possession or sale of ammunition by felon 5

750.226 Pub saf E Carrying firearm or dangerous weapon with unlawful intent 5

750.227 Pub saf E Carrying a concealed weapon 5

750.227a Pub saf F Unlawful possession of pistol 4

750.227c Pub saf G Possessing a loaded firearm in or upon a vehicle 2

750.227f Pub saf F Wearing body armor during commission of certain crimes 4

750.227g(1) Pub saf F Felon purchasing, owning, possessing, or using body armor 4

750.230 Pub saf G Altering ID mark on firearm 2

750.232a(3) Pub saf G False statement in a pistol application 4

750.234a Pub saf F Discharging firearm from vehicle 4

750.234b Pub saf F Discharging firearm in or at a building 4

750.234c Pub saf F Discharging firearm at emergency/police vehicle 4

750.236 Person C Setting spring gun — death resulting 15

750.237(3) Person E Using firearm while under the influence or impaired causing serious impairment 5

750.237(4) Person C Using firearm while under the influence or impaired causing death 15

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 House Bill No. 4715 of the 97th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor