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SENATE BILL NO. 895
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 10, 11, and 12 of chapter IX (MCL 769.10,
769.11, and 769.12), sections 10 and 11 as amended by 2006 PA 655
and section 12 as amended by 2012 PA 319.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX 1
Sec. 10. (1) If Subject to subsection (5), if a person has 2
been convicted of a felony or an attempt to commit a felony, 3
April 14, 2026, Introduced by Senators SHINK and CHANG and referred to Committee on Civil
Rights, Judiciary, and Public Safety.
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whether the conviction occurred in this state or would have been 1
for a felony or attempt to commit a felony in this state if 2
obtained in this state, and that person commits a subsequent felony 3
within this state, the person shall must be punished upon on 4
conviction of the subsequent felony and sentencing sentenced under 5
section 13 of this chapter as follows: 6
(a) If the subsequent felony is punishable upon on a first 7
conviction by imprisonment for a term less than life, the court, 8
except as otherwise provided in this section or section 1 of 9
chapter XI, may place the person on probation or sentence the 10
person to imprisonment for a maximum term that is not more than 1-11
1/2 times the longest term prescribed for a first conviction of 12
that offense or for a lesser term. 13
(b) If the subsequent felony is punishable upon on a first 14
conviction by imprisonment for life, the court, except as otherwise 15
provided in this section or section 1 of chapter XI, may place the 16
person on probation or sentence the person to imprisonment for life 17
or for a lesser term. 18
(c) If the subsequent felony is a major controlled substance 19
offense, the person shall must be punished as provided by part 74 20
of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461. 21
(2) Not more than 1 conviction arising out of the same 22
transaction is permitted to be considered a prior felony conviction 23
for purposes of subsection (1). 24
(3) (2) If the court pursuant to this section imposes a 25
sentence of imprisonment for any term of years, the court shall fix 26
the length of both the minimum and maximum sentence within any 27
specified limits in terms of years or a fraction of a year and the 28
sentence so imposed shall must be considered an indeterminate 29
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sentence. The court shall not fix a maximum sentence that is less 1
than the maximum term for a first conviction. 2
(4) (3) A conviction shall must not be used to enhance a 3
sentence under this section if that conviction is used to enhance a 4
sentence under a statute that prohibits use of the conviction for 5
further enhancement under this section. 6
(5) A conviction that precedes a period of 10 or more years 7
between the discharge date from the conviction or adjudication and 8
the defendant's commission of a subsequent offense that results in 9
a conviction or adjudication must not be used to enhance a sentence 10
under this section. 11
Sec. 11. (1) If Subject to subsection (5), if a person has 12
been convicted of any combination of 2 or more felonies or attempts 13
to commit felonies, whether the convictions occurred in this state 14
or would have been for felonies or attempts to commit felonies in 15
this state if obtained in this state, and that person commits a 16
subsequent felony within this state, the person shall must be 17
punished upon on conviction of the subsequent felony and sentencing 18
sentenced under section 13 of this chapter as follows: 19
(a) If the subsequent felony is punishable upon on a first 20
conviction by imprisonment for a term less than life, the court, 21
except as otherwise provided in this section or section 1 of 22
chapter XI, may sentence the person to imprisonment for a maximum 23
term that is not more than twice the longest term prescribed by law 24
for a first conviction of that offense or for a lesser term. 25
(b) If the subsequent felony is punishable upon on a first 26
conviction by imprisonment for life, the court, except as otherwise 27
provided in this section or section 1 of chapter XI, may sentence 28
the person to imprisonment for life or for a lesser term. 29
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(c) If the subsequent felony is a major controlled substance 1
offense, the person shall must be punished as provided by part 74 2
of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461. 3
(2) Not more than 1 conviction arising out of the same 4
transaction is permitted to be considered a prior felony conviction 5
for purposes of subsection (1). 6
(3) (2) If the court pursuant to this section imposes a 7
sentence of imprisonment for any term of years, the court shall fix 8
the length of both the minimum and maximum sentence within any 9
specified limits in terms of years or a fraction of a year, and the 10
sentence so imposed shall must be considered an indeterminate 11
sentence. The court shall not fix a maximum sentence that is less 12
than the maximum term for a first conviction. 13
(4) (3) A conviction shall must not be used to enhance a 14
sentence under this section if that conviction is used to enhance a 15
sentence under a statute that prohibits use of the conviction for 16
further enhancement under this section. 17
(5) A conviction that precedes a period of 10 or more years 18
between the discharge date from the conviction or adjudication and 19
the defendant's commission of a subsequent offense that results in 20
a conviction or adjudication must not be used to enhance a sentence 21
under this section. 22
Sec. 12. (1) If Subject to subsection (4), if a person has 23
been convicted of any combination of 3 or more felonies or attempts 24
to commit felonies, whether the convictions occurred in this state 25
or would have been for felonies or attempts to commit felonies in 26
this state if obtained in this state, and that person commits a 27
subsequent felony within this state, the person shall must be 28
punished upon on conviction of the subsequent felony and sentencing 29
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sentenced under section 13 of this chapter as follows: 1
(a) If the subsequent felony is a serious crime or a 2
conspiracy to commit a serious crime, and 1 or more of the prior 3
felony convictions are listed prior felonies, the court shall 4
sentence the person to imprisonment for not less than 25 years. Not 5
more than 1 conviction arising out of the same transaction shall be 6
considered a prior felony conviction for the purposes of this 7
subsection only. 8
(a) (b) If the subsequent felony is punishable upon on a first 9
conviction by imprisonment for a maximum term of 5 years or more or 10
for life, the court, except as otherwise provided in this section 11
or section 1 of chapter XI, may sentence the person to imprisonment 12
for life or for a lesser term. 13
(b) (c) If the subsequent felony is punishable upon on a first 14
conviction by imprisonment for a maximum term that is less than 5 15
years, the court, except as otherwise provided in this section or 16
section 1 of chapter XI, may sentence the person to imprisonment 17
for a maximum term of not more than 15 years. 18
(c) (d) If the subsequent felony is a major controlled 19
substance offense, the person shall must be punished as provided by 20
part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 21
333.7461. 22
(2) Not more than 1 conviction arising out of the same 23
transaction is permitted to be considered a prior felony conviction 24
for purposes of subsection (1). 25
(3) (2) If the court imposes a sentence of imprisonment for 26
any term of years under this section, the court shall fix the 27
length of both the minimum and maximum sentence within any 28
specified limits in terms of years or a fraction of a year, and the 29
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sentence so imposed shall must be considered an indeterminate 1
sentence. The court shall not fix a maximum sentence that is less 2
than the maximum term for a first conviction. 3
(4) (3) A conviction shall must not be used to enhance a 4
sentence under this section if that conviction is used to enhance a 5
sentence under a statute that prohibits use of the conviction for 6
further enhancement under this section. 7
(5) A conviction that precedes a period of 10 or more years 8
between the discharge date from the conviction or adjudication and 9
the defendant's commission of a subsequent offense that results in 10
a conviction or adjudication must not be used to enhance a sentence 11
under this section. 12
(6) (4) An offender sentenced under this section or section 10 13
or 11 of this chapter for an offense other than a major controlled 14
substance offense is not eligible for parole until expiration of 15
the following: 16
(a) For a prisoner other than a prisoner subject to 17
disciplinary time, the minimum term fixed by the sentencing judge 18
at the time of sentence unless the sentencing judge or a successor 19
gives written approval for parole at an earlier date authorized by 20
law. 21
(b) For a prisoner subject to disciplinary time, the minimum 22
term fixed by the sentencing judge. 23
(7) (5) This section and sections 10 and 11 of this chapter 24
are not in derogation of other provisions of law that permit or 25
direct the imposition of a consecutive sentence for a subsequent 26
felony. 27
(8) (6) As used in this section, : 28
(a) "Listed prior felony" means a violation or attempted 29
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Final Page
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violation of any of the following: 1
(i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle 2
code, 1949 PA 300, MCL 257.602a and 257.625. 3
(ii) Article 7 of the public health code, 1978 PA 368, MCL 4
333.7101 to 333.7545, that is punishable by imprisonment for more 5
than 4 years. 6
(iii) Section 72, 82, 83, 84, 85, 86, 87, 88, 89, 91, 110a(2) or 7
(3), 136b(2) or (3), 145n(1) or (2), 157b, 197c, 226, 227, 234a, 8
234b, 234c, 317, 321, 329, 349, 349a, 350, 397, 411h(2)(b), 411i, 9
479a(4) or (5), 520b, 520c, 520d, 520g, 529, 529a, or 530 of the 10
Michigan penal code, 1931 PA 328, MCL 750.72, 750.82, 750.83, 11
750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.110a, 12
750.136b, 750.145n, 750.157b, 750.197c, 750.226, 750.227, 750.234a, 13
750.234b, 750.234c, 750.317, 750.321, 750.329, 750.349, 750.349a, 14
750.350, 750.397, 750.411h, 750.411i, 750.479a, 750.520b, 750.520c, 15
750.520d, 750.520g, 750.529, 750.529a, and 750.530. 16
(iv) A second or subsequent violation or attempted violation of 17
section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b. 18
(v) Section 2a of 1968 PA 302, MCL 752.542a. 19
(b) "Prisoner "prisoner subject to disciplinary time" means 20
that term as defined in section 34 of 1893 PA 118, MCL 800.34. 21
(c) "Serious crime" means an offense against a person in 22
violation of section 83, 84, 86, 88, 89, 317, 321, 349, 349a, 350, 23
397, 520b, 520c, 520d, 520g(1), 529, or 529a of the Michigan penal 24
code, 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.88, 750.89, 25
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b, 26
750.520c, 750.520d, 750.520g, 750.529, and 750.529a. 27