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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