SENATE BILL No. 946
December 11, 2001, Introduced by Senators VAN REGENMORTER, JOHNSON,
SHUGARS, BULLARD, MC MANUS, SIKKEMA, GOUGEON,
HAMMERSTROM, NORTH, GARCIA, SANBORN, SCHUETTE, GOSCHKA,
STEIL, SCHWARZ and STILLE and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 22, 31, 33, 35, 37, and 49 of chapter XVII
(MCL 777.22, 777.31, 777.33, 777.35, 777.37, and 777.49), sec-
tions 22, 33, and 35 as amended by 2000 PA 279, sections 31 and
49 as amended by 2001 PA 136, and section 37 as added by 1998
PA 317, and by adding section 49a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 22. (1) For all crimes against a person, score offense
3 variables 1, 2, 3, 4, 5, 7, 8, 9, 10, 11,
12, 13,
14, and 19,
4 AND 20. Score offense
variables 5 and VARIABLE 6
for homicide,
5 attempted homicide, CONSPIRACY OR SOLICITATION TO COMMIT A
6 HOMICIDE, or assault with intent to commit murder. Score offense
7 variable 16 under this subsection for a violation or attempted
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1 violation of section 110a of the Michigan penal code, 1931
2 PA 328, MCL 750.110a. Score offense variables 17 and 18 if an
3 element of the offense or attempted offense involves the opera-
4 tion of a vehicle, vessel, ORV, snowmobile, aircraft, or
5 locomotive.
6 (2) For all crimes against property, score offense variables
7 1, 2, 3, 4, 9, 10, 12, 13, 14, 16,
and 19, AND
20.
8 (3) For all crimes involving a controlled substance, score
9 offense variables 1, 2, 3, 12, 13, 14,
15, and
19, AND 20.
10 (4) For all crimes against public order and all crimes
11 against public trust, score offense variables 1, 3, 4, 9, 10, 12,
12 13, 14, 16, and
19, AND 20.
13 (5) For all crimes against public safety, score offense
14 variables 1, 3, 4, 9, 10, 12, 13, 14,
16, and 19,
AND 20.
15 Score offense variable 18 if an element of the offense or
16 attempted offense involves the operation of a vehicle, vessel,
17 ORV, snowmobile, aircraft, or locomotive.
18 Sec. 31. (1) Offense variable 1 is aggravated use of a
19 weapon. Score offense variable 1 by determining which of the
20 following apply and by assigning the number of points attribut-
21 able to the one that has the highest number of points:
22 (a) A firearm was discharged at or toward a human
23 being or a victim was cut or stabbed with a knife or
24 other cutting or stabbing weapon...................... 25 points
25 (B) THE VICTIM WAS SUBJECTED OR EXPOSED TO A HARMFUL
26 BIOLOGICAL SUBSTANCE, HARMFUL BIOLOGICAL DEVICE,
27 HARMFUL CHEMICAL SUBSTANCE, HARMFUL CHEMICAL DEVICE,
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1 HARMFUL RADIOACTIVE MATERIAL, HARMFUL RADIOACTIVE
2 DEVICE, INCENDIARY DEVICE, OR EXPLOSIVE DEVICE........ 20 POINTS
3 (C) (b) A
firearm was pointed at or toward a
4 victim or the victim had a reasonable apprehension of
5 an immediate battery when threatened with a knife or
6 other cutting or stabbing weapon...................... 15 points
7 (D) (c)
The victim was touched by any other
type
8 of weapon............................................. 10 points
9 (E) (d) A
weapon was displayed or
implied......... 5 points
10 (F) (e)
No aggravated use of a weapon
occurred.... 0 points
11 (2) All of the following apply to scoring offense variable
12 1:
13 (a) Count each person who was placed in danger of injury or
14 loss of life as a victim.
15 (b) In multiple offender cases, if 1 offender is assessed
16 points for the presence or use of a weapon, all offenders shall
17 be assessed the same number of points.
18 (c) Score 5 points if an offender used an object to suggest
19 the presence of a weapon.
20 (d) Score 5 points if
the AN offender used a
chemical
21 irritant, chemical irritant device, smoke device, or imitation
22 harmful substance or device.
23 (e) Do not score 5 points if the conviction offense is a
24 violation of section 82 or 529 of the Michigan penal code, 1931
25 PA 328, MCL 750.82 and 750.529.
26 (3) As used in this section:
, "chemical
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1 (A) "CHEMICAL irritant", "chemical irritant device",
2 "HARMFUL BIOLOGICAL SUBSTANCE", "HARMFUL BIOLOGICAL DEVICE",
3 "HARMFUL CHEMICAL SUBSTANCE", "HARMFUL CHEMICAL DEVICE", "HARMFUL
4 RADIOACTIVE MATERIAL", "HARMFUL RADIOACTIVE DEVICE", and
5 "imitation harmful substance or device" mean those terms as
6 defined in section 200h of the Michigan penal code, 1931 PA 328,
7 MCL 750.200h.
8 (B) "INCENDIARY DEVICE" INCLUDES GASOLINE OR ANY OTHER FLAM-
9 MABLE SUBSTANCE, A BLOWTORCH, FIRE BOMB, MOLOTOV COCKTAIL, OR
10 OTHER SIMILAR DEVICE.
11 Sec. 33. (1) Offense variable 3 is physical injury to a
12 victim. Score offense variable 3 by determining which of the
13 following apply and by assigning the number of points attribut-
14 able to the one that has the highest number of points:
15 (a) A victim was killed............................. 100 points
16 (b) A victim was killed............................. 35 points
17 (c) Life threatening or permanent incapacitating
18 injury occurred to a victim........................... 25 points
19 (d) Bodily injury requiring medical treatment
20 occurred to a victim.................................. 10 points
21 (e) Bodily injury not requiring medical treatment
22 occurred to a victim.................................. 5 points
23 (f) No physical injury occurred to a victim......... 0 points
24 (2) All of the following apply to scoring offense variable
25 3:
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1 (a) In multiple offender cases, if 1 offender is assessed
2 points for death or physical injury, all offenders shall be
3 assessed the same number of points.
4 (b) Score 100 points if death results from the commission of
5 a crime and homicide is not the sentencing offense.
6 (c) Score 35 points if death results from the commission of
7 a crime and the elements of the offense or attempted offense
8 involve the operation of a vehicle, vessel, ORV, snowmobile, air-
9 craft, or locomotive under the influence or while impaired caus-
10 ing death.
11 (d) Do not score 5 points if bodily injury is an element of
12 the sentencing offense.
13 (E) COUNT EACH PERSON WHO WAS PLACED IN DANGER OF INJURY OR
14 LOSS OF LIFE AS A VICTIM.
15 (3) As used in this section, "requiring medical treatment"
16 refers to the necessity for treatment and not the victim's suc-
17 cess in obtaining treatment.
18 Sec. 35. (1) Offense variable 5 is psychological injury to
19 a member of a victim's family. Score offense variable 5 by
20 determining which of the following apply and by assigning the
21 number of points attributable to the one that has the highest
22 number of points:
23 (a) Serious psychological injury requiring profes-
24 sional treatment occurred to a victim's family AND THE
25 SENTENCING OFFENSE IS HOMICIDE, ATTEMPTED HOMICIDE,
26 CONSPIRACY OR SOLICITATION TO COMMIT A HOMICIDE, OR
27 ASSAULT WITH INTENT TO COMMIT MURDER.................. 15 points
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1 (B) SERIOUS PSYCHOLOGICAL INJURY REQUIRING
2 PROFESSIONAL TREATMENT OCCURRED TO A VICTIM'S FAMILY.. 5 POINTS
3 (C) (b) No
serious psychological injury
requiring
4 professional treatment occurred to a victim's family.. 0 points
5 (2) Score 15
points if the serious
psychological
6 injury to the victim's family may require professional
7 treatment. In making this determination, the fact
8 that treatment has not been sought is not conclusive.
9 Sec. 37. (1) Offense variable 7 is aggravated physical
10 abuse. Score offense variable 7 by determining which of the fol-
11 lowing apply and by assigning the number of points attributable
12 to the one that has the highest number of points:
13 (a) A victim was treated with
terrorism,
14 sadism, torture, or excessive brutality OR CONDUCT
15 DESIGNED TO SUBSTANTIALLY INCREASE THE FEAR AND ANXI-
16 ETY A VICTIM SUFFERED DURING THE OFFENSE.............. 50 points
17 (b) No victim was treated with
terrorism,
18 sadism, torture, or excessive brutality OR CONDUCT
19 DESIGNED TO SUBSTANTIALLY INCREASE THE FEAR AND ANXI-
20 ETY A VICTIM SUFFERED DURING THE OFFENSE.............. 0 points
21 (2) COUNT EACH PERSON WHO WAS PLACED IN DANGER OF INJURY OR
22 LOSS OF LIFE AS A VICTIM.
23 (3) (2)
As used in this section, :
24 (a) "Terrorism"
means conduct designed to
substantially
25 increase the fear and
anxiety a victim suffers
during the
26 offense.
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1 (b) "Sadism"
"SADISM" means conduct that
subjects a victim
2 to extreme or prolonged pain or humiliation and is inflicted to
3 produce suffering or for the offender's gratification.
4 Sec. 49. Offense variable 19 is threat to the security of a
5 penal institution or court or interference with the administra-
6 tion of justice OR THE RENDERING OF EMERGENCY SERVICES. Score
7 offense variable 19 by determining which of the following apply
8 and by assigning the number of points attributable to the one
9 that has the highest number of points:
10 (a) The offender by his or her conduct threatened
11 the security of a penal institution or court.......... 25 points
12 (b) The offender used force or the threat of force
13 against another person or the property of another
14 person to interfere with, attempt to interfere with,
15 or that results in the interference with the adminis-
16 tration of justice or the rendering of emergency
17 services.............................................. 15 points
18 (c) The offender otherwise interfered with or
19 attempted to interfere with the administration of jus-
20 tice OR THE RENDERING OF EMERGENCY SERVICES........... 10 points
21 (d) The offender did not threaten the security of a
22 penal institution or court or interfere with or
23 attempt to interfere with the administration of jus-
24 tice OR THE RENDERING OF EMERGENCY SERVICES........... 0 points
25 SEC. 49A. (1) OFFENSE VARIABLE 20 IS TERRORISM. SCORE
26 OFFENSE VARIABLE 20 BY DETERMINING WHICH OF THE FOLLOWING APPLIES
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1 AND BY ASSIGNING THE NUMBER OF POINTS ATTRIBUTABLE TO THE ONE
2 THAT HAS THE HIGHEST NUMBER OF POINTS:
3 (A) THE OFFENDER COMMITTED AN ACT OF TERRORISM BY
4 USING OR THREATENING TO USE A HARMFUL BIOLOGICAL SUB-
5 STANCE, HARMFUL BIOLOGICAL DEVICE, HARMFUL CHEMICAL
6 SUBSTANCE, HARMFUL CHEMICAL DEVICE, HARMFUL RADIOAC-
7 TIVE MATERIAL, HARMFUL RADIOACTIVE DEVICE, INCENDIARY
8 DEVICE, OR EXPLOSIVE DEVICE........................... 100 POINTS
9 (B) THE OFFENDER COMMITTED AN ACT OF TERRORISM WITH-
10 OUT USING OR THREATENING TO USE A HARMFUL BIOLOGICAL
11 SUBSTANCE, HARMFUL BIOLOGICAL DEVICE, HARMFUL CHEMICAL
12 SUBSTANCE, HARMFUL CHEMICAL DEVICE, HARMFUL RADIOAC-
13 TIVE MATERIAL, HARMFUL RADIOACTIVE DEVICE, INCENDIARY
14 DEVICE, OR EXPLOSIVE DEVICE........................... 50 POINTS
15 (C) THE OFFENDER DID NOT COMMIT AN ACT OF TERRORISM. 0 POINTS
16 (2) AS USED IN THIS SECTION:
17 (A) "ACT OF TERRORISM" MEANS THAT TERM AS DEFINED IN SECTION
18 543B OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.543B.
19 (B) "HARMFUL BIOLOGICAL SUBSTANCE", "HARMFUL BIOLOGICAL
20 DEVICE", "HARMFUL CHEMICAL SUBSTANCE", "HARMFUL CHEMICAL DEVICE",
21 "HARMFUL RADIOACTIVE MATERIAL", AND "HARMFUL RADIOACTIVE DEVICE"
22 MEAN THOSE TERMS AS DEFINED IN SECTION 200H OF THE MICHIGAN PENAL
23 CODE, 1931 PA 328, MCL 750.200H.
24 (C) "INCENDIARY DEVICE" INCLUDES GASOLINE OR ANY OTHER FLAM-
25 MABLE SUBSTANCE, A BLOWTORCH, FIRE BOMB, MOLOTOV COCKTAIL, OR
26 OTHER SIMILAR DEVICE.
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