Act No. 453

Public Acts of 2004

Approved by the Governor

December 22, 2004

Filed with the Secretary of State

December 28, 2004

EFFECTIVE DATE: March 1, 2005

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Van Woerkom, Bishop, Birkholz, Allen, Gilbert, Kuipers, Jelinek, Basham, Garcia, Hammerstrom, Hardiman, Johnson, Stamas, Brater, Scott, Cherry, Clark-Coleman, George, Leland, McManus, Jacobs, Prusi, Bernero, Olshove, Brown, Cassis, Cropsey, Switalski and Emerson

ENROLLED SENATE BILL No. 793

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," (MCL 760.1 to 777.69) by adding section 10c to chapter II.

The People of the State of Michigan enact:

CHAPTER II

Sec. 10c. (1) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328, or a violation of the identity theft protection act, or a violation of law committed in furtherance of or arising from the same transaction as conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328, or a violation of the identity theft protection act, may be prosecuted in 1 of the following jurisdictions:

(a) The jurisdiction in which the offense occurred.

(b) The jurisdiction in which the information used to commit the violation was illegally used.

(c) The jurisdiction in which the victim resides.

(2) If a person is charged with more than 1 violation of the identity theft protection act and those violations may be prosecuted in more than 1 jurisdiction, any of those jurisdictions is a proper jurisdiction for all of the violations.

Enacting section 1. This amendatory act takes effect March 1, 2005.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 792 of the 92nd Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor