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Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 145b. (1) A person convicted of violating section 145a 1 who has 1 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(2) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(3) As used in this section, “prior conviction” means a violation of section 145a or a violation of a law of another state substantially corresponding to section 145a.
Cite this article: FindLaw.com - Compiled Laws, Chapter 750. Michigan Penal Code § 750.145b - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-750-michigan-penal-code/mi-comp-laws-750-145b/
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