Glossary
A
•For purposes of MCL 771.4b, absconding “means the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCL 771.4b(9)(a).
•For purposes of MCL 777.40 (OV 10), abuse of authority status “means a victim was exploited out of fear or deference to an authority figure, including, but not limited to, a parent, physician, or teacher.” MCL 777.40(3)(d).
•For purposes of the Code of Criminal Procedure, person, accused, or a similar word means “an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.” MCL 761.1(p).
•For purposes of MCL 777.49a (OV 20), act of terrorism means that term as defined in MCL 750.543b. MCL 777.49a(2)(a). MCL 750.543b(a) defines act of terrorism as “a willful and deliberate act that is all of the following:
(i) An act that would be a violent felony under the laws of this state, whether or not committed in this state.
(ii) An act that the person knows or has reason to know is dangerous to human life.
(iii) An act that is intended to intimidate or coerce a civilian population or influence or affect the conduct of government or a unit of government through intimidation or coercion.”
•For purposes of the Michigan Indigent Defense Commission Act, adult “means either of the following:
(i) An individual 18 years of age or older.
(ii) An individual less than 18 years of age at the time of the commission of a felony if any of the following conditions apply:
(A) During consideration of a petition filed under . . . MCL 712A.4, to waive jurisdiction to try the individual as an adult and upon granting a waiver of jurisdiction.
(B) The prosecuting attorney designates the case under . . . MCL 712A.2d[(1)], as a case in which the juvenile is to be tried in the same manner as an adult.
(C) During consideration of a request by the prosecuting attorney under . . . MCL 712A.2d[(2)], that the court designate the case as a case in which the juvenile is to be tried in the same manner as an adult.
(D) The prosecuting attorney authorizes the filing of a complaint and warrant for a specified juvenile violation under . . . MCL 764.1f.” MCL 780.983(a).
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), aircraft “means that term as defined in . . . MCL 259.2.” MCL 777.1(a). MCL 259.2(e) defines aircraft as “any contrivance used or designed for navigation of or flight in the air.”
•For purposes of MCL 8.9(10)(c) and MCL 768.37 alcoholic liquor means “that term as defined in . . . MCL 436.1105.” MCL 8.9(10)(c)(i); MCL 768.37(3)(a). MCL 436.1105(3) defines alcoholic liquor as “any spirituous, vinous, malt, or fermented liquor, powder, liquids, and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more alcohol by volume that are fit for use for food purposes or beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in [Chapter 1 of the Michigan Liquor Control Code of 1998].”
•For purposes of the Michigan Vehicle Code, alcoholic liquor means “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in . . . MCL 436.1105[(2)].” MCL 257.1d.
•For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, alcoholic liquor means “that term as defined in . . . MCL 257.1d.” MCL 324.80101(b). MCL 257.1d defines alcoholic liquor as “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in . . . MCL 436.1105[(2)].”
•For purposes of MCL 436.1703, any bodily alcohol content “means either of the following:
(i) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(ii) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.” MCL 436.1703(17)(a).
•For purposes of MCL 777.48 (OV 18), any bodily alcohol content “means either of the following:
(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under [MCL 257.625(28) stating that the state no longer receives annual federal highway construction funding conditioned on compliance with a national blood alcohol limit], 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within an individual’s body resulting from the consumption of alcoholic or intoxicating liquor other than the consumption of alcoholic or intoxicating liquor as part of a generally recognized religious service or ceremony.” MCL 777.48(2).
•For purposes of the Deaf Persons’ Interpreters Act, appointing authority means “a court or a department, board, commission, agency, or licensing authority of this state or a political subdivision of this state or an entity that is required to provide a qualified interpreter in circumstances described under [MCL 393.503a].” MCL 393.502(a). MCL 393.503a provides that “[i]f an interpreter is required as an accommodation for a deaf or deaf-blind person under state or federal law, the interpreter shall be a qualified interpreter.”
•For purposes of MCL 28.241 et seq., arrest card means “a paper form or an electronic format prescribed by the [Michigan State Police] that facilitates the collection and compilation of criminal and juvenile arrest history record information and biometric data.” MCL 28.241a(a).
•Article 7 of the PHC means Article 7 of the Public Health Code, MCL 333.7101 et seq. Article 7 is the controlled substances article.
•For purposes of MCL 765.6b(6), assaultive crime means “that term as defined in [MCL 770.9a.]” MCL 765.6b(6)(a). MCL 770.9a(3) defines assaultive crime as “an offense against a person described in [MCL 750.81c(3), MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.90a, MCL 750.90b(a), MCL 750.90b(b), MCL 750.91, MCL 750.200–MCL 750.212a, MCL 750.316, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.411h(2)(b), MCL 750.411h(3), MCL 750.411i, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, MCL 750.520g, MCL 750.529, MCL 750.529a, MCL 750.530, or MCL 750.543a–MCL 750.543z.]”
•For purposes of MCL 769.4a (deferred sentencing), assaultive crime means “[one] or more of the following:
(i) That term as defined in [MCL 770.9a, see bullet entry below for definition].
(ii) A violation of chapter XI [Assaults] of the Michigan penal code, 1931 PA 328, MCL 750.81 to [MCL] 750.90h.
(iii) A violation of a law of another state or of a local ordinance of a political subdivision of this state or of another state substantially corresponding to a violation described in subparagraph (i) or (ii).” MCL 769.4a(8)(a).
•For purposes of MCL 770.9a, assaultive crime means “an offense against a person described in [MCL 750.81c(3), MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.90a, MCL 750.90b(a), MCL 750.90b(b), MCL 750.91, MCL 750.200–MCL 750.212a, MCL 750.316, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.411h(2)(b), MCL 750.411h(3), MCL 750.411i, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, MCL 750.520g, MCL 750.529, MCL 750.529a, MCL 750.530, or MCL 750.543a–MCL 750.543z.” MCL 770.9a(3).
B
•For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).
•For purposes of MCL 28.241 et seq., biometric data means “all of the following:
(i) Fingerprint images recorded in a manner prescribed by the [Michigan State Police].
(ii) Palm print images, if the arresting law enforcement agency has the electronic capability to record palm print images in a manner prescribed by the [Michigan State Police].
(iii) Digital images recorded during the arrest or booking process, including a full-face capture, left and right profile, and scars, marks, and tattoos, if the arresting law enforcement agency has the electronic capability to record the images in a manner prescribed by the [Michigan State Police].
(iv) All descriptive data associated with identifying marks, scars, amputations, and tattoos.” MCL 28.241a(b).
•For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).
C
•For purposes of MCR 1.111, case or court proceeding means “any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
Certified foreign language interpreter
•For purposes of MCR 1.111, certified foreign language interpreter means “a person who has:
(a) passed a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(b) met all the requirements established by the state court administrator for this interpreter classification, and
(c) registered with the State Court Administrative Office.” MCR 1.111(A)(4).
•For purposes of MCL 777.31 (OV 1), chemical irritant means that term as defined in MCL 750.200h. MCL 777.31(3)(a). MCL 750.200h(a) defines chemical irritant as “solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other substances, can be used to produce an irritant effect in humans, animals, or plants.”
•For purposes of MCL 777.31 (OV 1), chemical irritant device means that term as defined in MCL 750.200h. MCL 777.31(3)(a). MCL 750.200h(b) defines chemical irritant device as “a device designed or intended to release a chemical irritant.”
•For purposes of the Probation Swift and Sure Sanctions Act, circuit court “includes a unified trial court having jurisdiction over probationers.” MCL 771A.2(a).
•For purposes of the Michigan Vehicle Code, citation means “a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited.” MCL 257.727c(1).
•For purposes of the Michigan Vehicle Code, civil infraction means “an act or omission prohibited by law which is not a crime as defined in [MCL 750.5], and for which civil sanctions may be ordered.” MCL 257.6a.
•For purposes of Chapter 48 of the Revised Judicature Act, civil violation “means a violation of a law of this state or a local ordinance, other than a criminal offense or a violation that is defined or designated as a civil infraction, that is punishable by a civil fine or forfeiture under the applicable law or ordinance.” MCL 600.4801(d).
•For purposes of the Michigan Vehicle Code, commercial motor vehicle means “a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property,” other than “a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes,” “if 1 or more of the following apply:
(a) It is designed to transport 16 or more passengers, including the driver.
(b) It has a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,001 pounds or more.
(c) It has a gross combination weight rating or gross combination weight, whichever is greater, of 26,001 pounds or more, inclusive of towed units with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of more than 10,000 pounds.
(d) A motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 CFR parts 100 to 199.” MCL 257.7a.
•For purposes of the Michigan Vehicle Code, commercial vehicle “includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares, or merchandise, and all motor vehicles designed and used for drawing other vehicles that are not constructed to carry a load independently or any part of the weight of a vehicle or load being drawn[, but] . . . does not include a limousine operated by a limousine driver, a taxicab operated by a taxicab driver, or a personal vehicle operated by a transportation network company driver.” MCL 257.7.
•For purposes of the Code of Criminal Procedure, complaint means “a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.” MCL 761.1(c).
•For purposes of the Code of Criminal Procedure, consumed means “to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 768.37(3)(b).
•For purposes of MCL 777.42 (OV 12), a felonious criminal act is contemporaneous “if both of the following circumstances exist:
(i) The act occurred within 24 hours of the sentencing offense.
(ii) The act has not and will not result in a separate conviction.” MCL 777.42(2)(a).
•For purposes of MCL 8.9(10)(c), the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, and MCL 768.37, controlled substance means “that term as defined in . . . MCL 333.7104.” MCL 8.9(10)(c)(ii); MCL 324.80101(i); MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]”
•For purposes of the Michigan Vehicle Code, controlled substance means “a controlled substance or controlled substance analogue as defined in . . . MCL 333.7104[.]” MCL 257.8b. MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]” MCL 333.7104(4) defines controlled substance analogue as “a substance the chemical structure of which is substantially similar to that of a controlled substance in schedule 1 or 2 and that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2 or, with respect to a particular individual, that the individual represents or intends to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2. Controlled substance analogue does not include 1 or more of the following:
(a) A controlled substance.
(b) A substance for which there is an approved new drug application.
(c) A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355, to the extent conduct with respect to the substance is pursuant to the exemption.
(d) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.”
•For purposes of Article 7 of the Public Health Code, controlled substance means “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]” MCL 333.7104(3).
•For purposes of Part 5 (Prior Record Variables) of Chapter XVII of the Code of Criminal Procedure, conviction “includes any of the following:
(i) Assignment to youthful trainee status under [MCL 762.11 to MCL 762.15].
(ii) A conviction set aside under . . . MCL 780.621 to [MCL] 780.624.” MCL 777.50(4)(a).
•For purposes of Chapter 48 of the Revised Judicature Act, costs “means any monetary amount that the court is authorized to assess and collect for prosecution, adjudication, or processing of criminal offenses, civil infractions, civil violations, and parking violations, including court costs, the cost of prosecution, and the cost of providing court-ordered legal assistance to the defendant.” MCL 600.4801(a).
•For purposes of MCL 771.3g and MCL 771.3h, county sheriff “includes the sheriff of a county in this state or the sheriff’s designee.” MCL 771.3g(7)(a).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, court “includes a judge, a magistrate, or a district court magistrate authorized in accordance with the law to perform the functions of a magistrate.” MCR 6.003(4).
•For purposes of the Michigan Court Rules, court records “are defined by MCR 8.119 and [MCR 1.109(A)]. Under MCR 1.109(A), court records are “recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules. Court records may be created using any means and may be maintained in any medium authorized by these court rules provided those records comply with other provisions of law and these court rules.
(a) Court records include, but are not limited to:
(i) documents, attachments to documents, discovery materials, and other materials filed with the clerk of the court,
(ii) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records.
(b) For purposes of [MCR 1.109(A)]:
(i) Documents include, but are not limited to, pleadings, orders, and judgments.
(ii) Recordings refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.
(iii) Data refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.
(iv) Other recorded information includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.
(2) Discovery materials that are not filed with the clerk of the court are not court records. Exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not court records.” MCR 1.109(A).
Under MCR 8.119 (applicable to all records in every trial court), records are defined in MCR 1.109, MCR 3.218, MCR 3.903, and MCR 8.119(D)-(G). MCR 8.119(A). See those rules for additional definitions of records and court records.
Criminal history record information
•For purposes of MCL 28.241 et seq., criminal history record information means “name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions.” MCL 28.241a(d).
•For purposes of MCL 8.9, culpable means “sufficiently responsible for criminal acts or negligence to be at fault and liable to punishment for commission of a crime.” MCL 8.9(10)(a).
D
•For purposes of MCL 764.1f(2)(b), dangerous weapon means “1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).”
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, data “refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.” MCR 1.109(A)(1)(b)(iii).
•For purposes of MCL 764.15a(b), dating relationship means “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 764.15a(b).
•For purposes of MCL 780.582a(1)(b), dating relationship means “that term as defined in . . . MCL 600.2950.” MCL 600.2950(30)(a) defines dating relationship as “frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.”
•For purposes of the Deaf Persons’ Interpreters Act, deaf person means “a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input; including, but not limited to, lip reading, sign language, finger spelling, or reading.” MCL 393.502(b).
•For purposes of the Deaf Persons’ Intepreters Act, deaf-blind person means “a person who has a combination of hearing loss and vision loss, such that the combination necessitates specialized interpretation of spoken and written information in a manner appropriate to that person’s dual sensory loss.” MCL 393.502(c).
•For purposes of the Deaf Persons’ Interpreters Act, deaf interpreter or intermediary interpreter means “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of the Crime Victim’s Rights Act, Article 1,“[e]xcept as otherwise defined in this article, as used in this article,” defendant “means a person charged with, convicted of, or found not guilty by reason of insanity of committing a crime against a victim.” MCL 780.752(1)(d).
•For purposes of the Crime Victim’s Rights Act, Article 3,“[e]xcept as otherwise defined in this article, as used in this article,” defendant “means a person charged with or convicted of having committed a serious misdemeanor against a victim.” MCL 780.811(1)(c).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, defendant’s lawyer “includes a self-represented defendant proceeding without a lawyer.” MCR 6.003(2).
•For purposes of MCL 777.45 (OV 15), deliver “means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.” MCL 777.45(2)(a).
•For purposes of Article 7 of the Public Health Code, deliver or delivery “means the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship.” MCL 333.7105(1). See also M Crim JI 12.2(2), defining delivery for use in controlled substances violations under MCL 333.7401, delivery “means that the defendant transferred or attempted to transfer the substance to another person, knowing that it was a controlled substance and intending to transfer it to that person.”
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), departure “means that term as defined in . . . [MCL 769.31].” MCL 777.1(b). MCL 769.31(a) defines departure as “a sentence imposed that is not within the appropriate minimum sentence range established under the sentencing guidelines set forth in chapter XVII [of the Code of Criminal Procedure, MCL 777.1 et seq.]”
•For purposes of Part 5 (Prior Record Variables) of Chapter XVII of the Code of Criminal Procedure, discharge date “means the date an individual is discharged from the jurisdiction of the court or the department of corrections after being convicted of or adjudicated responsible for a crime or an act that would be a crime if committed by an adult.” MCL 777.50(4)(b).
•For purposes of MCL 333.7341, distribute “means the actual, constructive, or attempted transfer, sale, delivery, or dispensing from one person to another of an imitation controlled substance.” MCL 333.7341(1)(a).
•For purposes of the Deaf Persons’ Interpreters Act, division means “the division on deaf and hard of hearing of the department of labor and economic growth.” MCL 393.502(d).
•For purposes of the Michigan Court Rules, document means “a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 81/2 X 11 paper without manipulation.” MCR 1.109(B).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, documents “include, but are not limited to, pleadings, orders, and judgments.” MCR 1.109(A)(1)(b)(i).
•For purposes of MCL 765.6b(6) and MCL 771.4b, domestic violence means “that term as defined in . . . MCL 400.1501.” MCL 765.6b(6)(b); MCL 771.4b(6). MCL 400.1501(d) defines domestic violence as “the occurrence of any of the following acts by an individual that is not an act of self-defense: (i) [c]ausing or attempting to cause physical or mental harm to a family or household member[;] (ii) [p]lacing a family or household member in fear of physical or mental harm[;] (iii) [c]ausing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress[;] [and/or] (iv) [e]ngaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”
•For purposes of Article 7 of the PHC, drug “means a substance recognized as a drug in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals; a substance other than food intended to affect the structure or any function of the body of human beings or animals; or, a substance intended for use as a component of any article specified in this subsection. It does not include a device or its components, parts, or accessories.” MCL 333.7105(7).
•For purposes of MCL 600.1060 et seq., drug treatment court means “a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol. A drug treatment court shall comply with the 10 key components promulgated by the national association of drug court professionals, which include all of the following essential characteristics:
(i) Integration of alcohol and other drug treatment services with justice system case processing.
(ii) Use of a nonadversarial approach by prosecution and defense that promotes public safety while protecting any participant’s due process rights.
(iii) Identification of eligible participants early with prompt placement in the program.
(iv) Access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
(v) Monitoring of participants effectively by frequent alcohol and other drug testing to ensure abstinence from drugs or alcohol.
(vi) Use of a coordinated strategy with a regimen of graduated sanctions and rewards to govern the court's responses to participants’ compliance.
(vii) Ongoing close judicial interaction with each participant and supervision of progress for each participant.
(viii) Monitoring and evaluation of the achievement of program goals and the program’s effectiveness.
(ix) Continued interdisciplinary education in order to promote effective drug court planning, implementation, and operation.
(x) The forging of partnerships among other drug courts, public agencies, and community-based organizations to generate local support.” MCL 600.1060(c).
•For purposes of MCL 600.1084, DWI/sobriety court means “the specialized court docket and programs established within judicial circuits and districts throughout this state that are designed to reduce recidivism among alcohol offenders and that comply with the 10 guiding principles of DWI courts as promulgated by the National Center for DWI Courts.” MCL 600.1084(9)(a).
E
•For purposes of Chapter LXXVI of the Michigan Penal Code, electronic monitoring “means that term as defined in . . . MCL 791.285.” MCL 750.520a(c). MCL 791.285(3) defines electronic monitoring as “a device by which, through global positioning system satellite or other means, an individual’s movement and location are tracked and recorded.”
•For purposes of MCL 762.13, MCL 771.1, and MCL 771.3c, electronic monitoring device “includes any electronic device or instrument that is used to track the location of an individual, enforce a curfew, or detect the presence of alcohol in an individual’s body.” MCL 762.13(8); MCL 771.1(6); MCL 771.3c(5).
•For purposes of MCL 777.40 (OV 10), exploit “means to manipulate a victim for selfish or unethical purposes.” MCL 777.40(3)(b). “Exploit also means to violate [MCL 750.50b (killing or torturing animals)] for the purpose of manipulating a victim for selfish or unethical purposes.”1 MCL 777.40(3)(b).
F
•For purposes of Chapter 48 of the Revised Judicature Act, fee “means any monetary amount, other than costs or a penalty, that the court is authorized to impose and collect pursuant to a conviction, finding of responsibility, or other adjudication of a criminal offense, a civil infraction, a civil violation, or a parking violation, including a driver license reinstatement fee.” MCL 600.4801(b).
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), and MCL 769.1j (minimum state costs), felony means “a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 28.241a(f); MCL 769.1j(7)(a).
•For purposes of MCL 780.905, felony “means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 780.901(d).
•For purposes of the Code of Criminal Procedure and MCL 801.251a, felony means “that term as defined in . . . MCL 761.1” MCL 801.251a(2)(a). MCL 761.1(f) defines felony as “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.”
•For purposes of the Michigan Penal Code, felony means “an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.” MCL 750.7.
•Note that two-year misdemeanors in the Michigan Penal Code are considered felonies “for purposes of the Code of Criminal Procedure’s habitual-offender, probation, and consecutive sentencing statutes.” People v Smith, 423 Mich 427, 434 (1985).
Financially able to pay for interpretation costs
•For purposes of MCR 1.111, a person is financially able to pay for interpretation costs if “the court determines that requiring reimbursement of interpretation costs will not pose an unreasonable burden on the person’s ability to have meaningful access to the court.” MCR 1.111(A)(3). For purposes of MCR 1.111, a person is financially able to pay for interpretation costs when:
“(a) The person’s family or household income is greater than 125% of the federal poverty level; and
(b) An assessment of interpretation costs at the conclusion of the litigation would not unreasonably impede the person’s ability to defend or pursue the claims involved in the matter.” MCR 1.111(A)(3).
•For purposes of MCL 762.12(2)(e), firearm offense “means a crime involving a firearm as that term is defined in . . . MCL 28.421, whether or not the possession, use, transportation, or concealment of a firearm is an element of the crime.” MCL 762.12(2)(e). MCL 28.421(1)(c) defines firearm as “any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.”
•For purposes of MCL 777.32 (OV 2), fully automatic weapon “means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot.” MCL 777.32(3)(b).
H
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20), harmful biological device means that term as defined in MCL 750.200h. MCL 777.31(3)(a); MCL 777.32(3)(a); MCL 777.49a(2)(b). MCL 750.200h(f) defines harmful biological device as “a device designed or intended to release a harmful biological substance.”
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20), harmful biological substance means that term as defined in MCL 750.200h. MCL 777.31(3)(a); MCL 777.32(3)(a); MCL 777.49a(2)(b). MCL 750.200h(g) defines harmful biological substance as “a bacteria, virus, or other microorganism or a toxic substance derived from or produced by an organism that can be used to cause death, injury, or disease in humans, animals, or plants.”
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20), harmful chemical device means that term as defined in MCL 750.200h. MCL 777.31(3)(a); MCL 777.32(3)(a); MCL 777.49a(2)(b). MCL 750.200h(h) defines harmful chemical device as “a device that is designed or intended to release a harmful chemical substance.”
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20), harmful chemical substance means that term as defined in MCL 750.200h. MCL 777.31(3)(a); MCL 777.32(3)(a); MCL 777.49a(2)(b). MCL 750.200h(i) defines harmful chemical substance as “a solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other chemical substances, can be used to cause death, injury, or disease in humans, animals, or plants.”
Harmful electronic or electromagnetic device
•For purposes of Chapter XXXIII of the Michigan Penal Code, harmful electronic or electromagnetic device means “a device designed to emit or radiate or that, as a result of its design, emits or radiates an electronic or electromagnetic pulse, current, beam, signal, or microwave that is intended to cause harm to others or cause damage to, destroy, or disrupt any electronic or telecommunications system or device, including, but not limited to, a computer, computer network, or computer system.” MCL 750.200h(k).
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20), harmful radioactive device means that term as defined in MCL 750.200h. MCL 777.31(3)(a); MCL 777.32(3)(a); MCL 777.49a(2)(b). MCL 750.200h(l) defines harmful radioactive device as “a device that is designed or intended to release a harmful radioactive material.”
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20), harmful radioactive material means that term as defined in MCL 750.200h. MCL 777.31(3)(a); MCL 777.32(3)(a); MCL 777.49a(2)(b). MCL 750.200h(j) defines harmful radioactive material as “material that is radioactive and that can be used to cause death, injury, or disease in humans, animals, or growing plants by its radioactivity.”
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), homicide “means any crime in which the death of a human being is an element of that crime.” MCL 777.1(c).
I
•For purposes of MCL 600.1084, ignition interlock device “means that term as defined in [MCL 257.20d]. MCL 600.1084(9)(b). MCL 257.20d defines ignition interlock device as “an alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through a deep lung sample the operator’s alcohol level, calibrated so that the motor vehicle cannot be started if the breath alcohol level of the operator, as measured by the test, reaches a level of 0.025 grams per 210 liters of breath, and to which all of the following apply:
(a) The device meets or exceeds the model specifications for breath alcohol ignition interlock devices (BAIID), 78 FR 26849 – 26867 (May 8, 2013) or any subsequent model specifications.
(b) The device utilizes alcohol-specific electrochemical fuel sensor technology.
(c) As its anticircumvention method, the device installation uses a positive-negative-positive air pressure test requirement, a midtest hum tone requirement, or any other anticircumvention method or technology that first becomes commercially available after July 31, 2007 and that is approved by the department as equally or more effective.”
Imitation controlled substance
•For purposes of MCL 333.7341, imitation controlled substance, “means a substance that is not a controlled substance or is not a drug for which a prescription is required under federal or state law, which by dosage unit appearance including color, shape, size, or markings, and/or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. However, this subsection does not apply to a drug that is not a controlled substance if it was marketed before the controlled substance that it physically resembles. An imitation controlled substance does not include a placebo or registered investigational drug that was manufactured, distributed, possessed, or delivered in the ordinary course of professional practice or research. All of the following factors shall be considered in determining whether a substance is an imitation controlled substance:
(i) Whether the substance was approved by the federal food and drug administration for over-the-counter sales and was sold in the federal food and drug administration approved packaging along with the federal food and drug administration approved labeling information.
(ii) Any statements made by an owner or another person in control of the substance concerning the nature, use, or effect of the substance.
(iii) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(iv) Whether the owner or another person in control of the substance has any prior convictions under state or federal law related to controlled substances or fraud.
(v) The proximity of the substance to controlled substances.
(vi) Whether the consideration tendered in exchange for the substance substantially exceeds the reasonable value of the substance considering the actual chemical composition of the substance and, if applicable, the price at which the over-the-counter substances of like chemical composition sell.” MCL 333.7341(1)(b).
Imitation harmful substance or device
•For purposes of MCL 777.31 (OV 1), imitation harmful substance or device means that term as defined in MCL 750.200h. MCL 777.31(3)(a). MCL 750.200h(m) defines imitation harmful substance or device as “a substance or device that is designed or intended to represent 1 or more of the following or that is alleged to be 1 of the following but that is not any of the following:
(i) A harmful biological device.
(ii) A harmful biological substance.
(iii) A harmful chemical device.
(iv) A harmful chemical substance.
(v) A harmful radioactive material.
(vi) A radioactive device.
(vii) A harmful electronic or electromagnetic device.”
•For purposes of MCL 777.31 (OV 1), MCL 777.32 (OV 2), and MCL 777.49a (OV 20) incendiary device “includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.” MCL 777.31(3)(b); MCL 777.32(3)(d); MCL 777.49a(2)(c).
Indigent criminal defense services
•For purposes of the Michigan Indigent Defense Commission Act, indigent criminal defense services means “local legal defense services provided to a defendant and to which both of the following conditions apply: (i) [t]he defendant is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant’s initial appearance in court to answer to the criminal charge[, and] (ii) [t]he defendant is determined to be indigent under [MCL 780.991(3)].” MCL 780.983(e). Indigent criminal defense services do not include services authorized to be provided under the appellate defender act, MCL 780.711—MCL 780.719. MCL 780.983(f).
Indigent criminal defense system
•For purposes of the Michigan Indigent Defense Commission Act, indigent criminal defense system means either “[t]he local unit of government that funds a trial court[,]” or “[i]f a trial court is funded by more than 1 local unit of government, those local units of government, collectively.” MCL 780.983(g).
•For purposes of Article 7 of the PHC, industrial hemp “means that term as defined in . . . MCL 333.27953.” MCL 333.7106(2). MCL 333.27953 defines industrial hemp as “any of the following:
(i) A plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(ii) A part of a plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(iii) The seeds of a plant of the genus Cannabis with a THC concentration of 0.3% or less on a dry-weight basis.
(iv) If it has a THC concentration of 0.3% or less on a dry-weight basis, a compound, manufacture, derivative, mixture, preparation, extract, cannabinoid, acid, salt, isomer, or salt of an isomer of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(v) A product to which 1 of the following applies:
(A) If the product is intended for human or animal consumption, the product, in the form in which it is intended for sale to a consumer, meets both of the following requirements:
(I) Has a THC concentration of 0.3% or less on a dry-weight or per volume basis.
(II) Contains a total amount of THC that is less than or equal to the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].
(B) If the product is not intended for human or animal consumption, the product meets both of the following requirements:
(I) Contains a substance listed in subparagraph (i), (ii), (iii), or (iv).
(II) Has a THC concentration of 0.3% or less on a dry-weight basis.” MCL 333.27953(f).
•For purposes of MCL 8.9(10)(c), ingestion means “to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 8.9(10)(c)(iii).
•For purposes of the Code of Criminal Procedure, “[a]n individual is legally insane if, as a result of mental illness as defined in . . . MCL 330.1400, or as a result of having an intellectual disability as defined in . . . MCL 330.1100b, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental illness or having an intellectual disability does not otherwise constitute a defense of legal insanity.” MCL 768.21a(1).
•For purposes of the Mental Health Code and the Code of Criminal Procedure, intellectual disability “means a condition manifesting before the age of 18 years that is characterized by significantly subaverage intellectual functioning and related limitations in 2 or more adaptive skills and that is diagnosed based on the following assumptions:
(a) Valid assessment considers cultural and linguistic diversity, as well as differences in communication and behavioral factors.
(b) The existence of limitation in adaptive skills occurs within the context of community environments typical of the individual’s age peers and is indexed to the individual’s particular needs for support.
(c) Specific adaptive skill limitations often coexist with strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the life functioning of the individual with an intellectual disability will generally improve.” MCL 330.1100b(13); see also MCL 768.21a(1).
•For purposes of MCL 8.9, intent means “a desire or will to act with respect to a material element of an offense if both of the following circumstances exist: a desire or will to act with respect to a material element of an offense if both of the following circumstances exist:
(i) The element involves the nature of a person’s conduct or a result of that conduct, and it is the person’s conscious object to engage in conduct of that nature or to cause that result.
(ii) The element involves the attendant circumstances, and the person is aware of the existence of those circumstances or believes or hopes that they exist.” MCL 8.9(10)(b).
•For purposes of the Deaf Persons’ Interpreters Act, intermediary interpreter or deaf interpreter means “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of Chapter XVII of the Code of Criminal Procedure, intermediate sanction “means that term as defined in [MCL 769.31].” MCL 769.31(b) defines intermediate sanction as “probation or any sanction, other than imprisonment in a county jail, state prison or state reformatory, that may lawfully be imposed. Intermediate sanction includes, but is not limited to, 1 or more of the following:
(i) Inpatient or outpatient drug treatment or participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to [MCL] 600.1082.
(ii) Probation with any probation conditions required or authorized by law.
(iii) Residential probation.
(iv) Probation with special alternative incarceration.
(v) Mental health treatment.
(vi) Mental health or substance abuse counseling.
(vii) Participation in a community corrections program.
(viii) Community service.
(ix) Payment of a fine.
(x) House arrest.
(xi) Electronic monitoring.”
•For purposes of MCR 1.111, concerning foreign language interpreters, interpret and interpretation mean “the oral rendering of spoken communication from one language to another without change in meaning.” MCR 1.111(A)(5).
•For purposes of MCL 8.9, intoxicated or impaired “includes, but is not limited to, a condition of intoxication resulting from the ingestion of alcoholic liquor, a controlled substance, or alcoholic liquor and a controlled substance.” MCL 8.9(10)(c).
•For purposes of the MCL 257.625, intoxicating substance means “any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following:
(i) Recognized as a drug in any of the following publications or their supplements:
(A) The official United States pharmacopoeia.
(B) The official homeopathic pharmacopoeia of the United States.
(C) The official national formulary.
(ii) A substance, other than food, taken into a person’s body, including, but not limited to, vapors or fumes, that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication.” MCL 257.625(25)(a).
J
•For purposes of MCL 750.195 or MCL 750.197, jail “means a facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt.” MCL 750.195(4); MCL 750.197(4).
•For purposes of the Day Parole of Prisoners Act, jail “means a facility that is operated by a county for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt, for not more than 1 year.” MCL 801.251(4).
•For purposes of the Code of Criminal Procedure, judicial district means “(i) [w]ith regard to the circuit court, the county[;] (ii) [w]ith regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under . . . MCL 600.9928[;] (iii) [w]ith regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.” MCL 761.1(i).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, judicial officer “includes a judge, a magistrate, or a district court magistrate authorized in accordance with the law to perform the functions of a magistrate.” MCR 6.003(4).
•For purposes of Subchapter 6.900 of the Michigan Court Rules, juvenile means “a person 14 years of age or older, who is subject to the jurisdiction of the court for having allegedly committed a specified juvenile violation on or after the person’s 14th birthday and before the person’s 18th birthday.” MCR 6.903(E).
•For purposes of the Crime Victim’s Rights Act, Article 2, juvenile means “an individual alleged or found to be within the court’s jurisdiction under . . . [MCL 712A.2(a)(1)], for an offense, including, but not limited to, an individual in a designated case.” MCL 780.781(1)(e).
•For purposes of Part 5 (Prior Record Variables) of Chapter XVII of the Code of Criminal Procedure, juvenile adjudication “includes an adjudication set aside under . . . MCL 712A.18e, or expunged.” MCL 777.50(4)(c).
Juvenile history record information
•For purposes of MCL 28.241 et seq., juvenile history record information means “name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number, and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions.” MCL 28.241a(g).
•For purposes of Chapter 10C of the Revised Judicature Act, MCL 600.1099b et seq., juvenile mental health court “means all of the following:
(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].
(iii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, the juvenile justice system, the mental health system, the substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the juvenile’s engagement in treatment, are individualized to correspond to the level of risk that each juvenile presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to [MCL] 780.1003, provide legal counsel to juvenile respondents to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. Procedures exist in the juvenile mental health court to address, in a timely fashion, concerns about a juvenile’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights. Information gathered as part of the participants’ court-ordered treatment program or services is safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice, if applicable, juvenile justice, and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants to achieve treatment and criminal and juvenile justice goals by regularly reviewing and revising the court process.
(I) Criminal and juvenile justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the juvenile mental health court, its performance is assessed periodically, procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1099b(e).
•For purposes of MCL 28.241 et seq., juvenile offense means “an offense committed by a juvenile that, if committed by an adult, would be a felony, a criminal contempt conviction under . . . MCL 600.2950 [or MCL] 600.2950a, a criminal contempt conviction for a violation of a foreign protection order that satisfies the conditions for validity provided in . . . MCL 600.2950i, or a misdemeanor.” MCL 28.241a(h).
K
•For purposes of MCL 8.9, knowledge means “awareness or understanding with respect to a material element of an offense if both of the following circumstances exist:
(i) The element involves the nature or the attendant circumstances of the person's conduct, and the person is aware that his or her conduct is of that nature or that those circumstances exist.
(ii) The element involves a result of the person's conduct, and the person is aware that it is practically certain that his or her conduct will cause that result.” MCL 8.9(10)(d).
L
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), law enforcement agency means “the police department of a city, township, or village, the sheriff’s department of a county, the department, or any other governmental law enforcement agency of this state.” MCL 28.241a(i).
•For purposes of MCL 333.7410, library “means a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public.”MCL 333.7410(8)(a).
•For purposes of the Sex Offenders Registration Act (SORA), MCL 762.11, MCL 771.2, and MCL 771.2a, listed offense “means a tier I, tier II, or tier III offense.” MCL 28.722(i); MCL 762.11(7)(a); MCL 771.2(15); MCL 771.2a(14)(a).
•For purposes of MCL 769.12, listed prior felony “means a violation or attempted violation of any of the following:
(i) Section 602a(4) or (5) or 625(4) of the Michigan vehicle code, 1949 PA 300, MCL 257.602a and [MCL] 257.625.
(ii) Article 7 of the public health code, 1978 PA 368, MCL 333.7101 to [MCL] 333.7545, that is punishable by imprisonment for more than 4 years.
(iii) [various sections] of the Michigan penal code, [MCL 750.72, MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.85, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.91, MCL 750.110a(2), MCL 750.110a(3), MCL 750.136b(2), MCL 750.136b(2), MCL 750.145n(1), MCL 750.145n(2) MCL 750.157b, MCL 750.197c, MCL 750.226, MCL 750.227, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.317, MCL 750.321, MCL 750.329, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.411h(2)(b), MCL 750.411i, MCL 750.479a(4), MCL 750.479a(5), MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520g, MCL 750.529, MCL 750.529a, or MCL]750.530.]
(iv) A second or subsequent violation or attempted violation of section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b.
(v) Section 2a of 1968 PA 302, MCL 752.542a.” MCL 769.12(6)(a).
•For purposes of MCL 769.1f, local unit of government “means any of the following:
(i) A city, village, township, or county.
(ii) A local or intermediate school district.
(iii) A public school academy.
(iv) A community college.” MCL 769.1f(10)(b).
•For purposes of MCL 771.2a, loiter “means to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purposes of observing or contacting minors.” MCL 771.2a(14)(b).
M
•For purposes of the Code of Criminal Procedure, magistrate means “a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act, . . . MCL 600.101 to [MCL] 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.” MCL 761.1(l).
Major controlled substance offense
•Major controlled substance offense means either or both of the following offenses: a violation of MCL 333.7401(2)(a), a violation of MCL 333.7403(2)(a)(i)-(iv), or conspiracy to commit a violation of either MCL 333.7401(2)(a) or MCL 333.7403(2)(a)(i)-(iv). MCL 761.2.
•For purposes of MCL 333.7341 (imitation controlled substances), manufacture “means the production, preparation, compounding, conversion, encapsulating, packaging, repackaging, labeling, relabeling, or processing of an imitation controlled substance, directly or indirectly. MCL 333.7341(1)(c).
•For purposes of Article 7 of the PHC and the Michigan Medical Marihuana Act (MMMA), marijuana or marihuana “means that term as defined in . . . MCL 333.27953.” MCL 333.7106(4); MCL 333.26423(e). MCL 333.27953 defines marijuana or marihuana as “any of the following:
(i) A plant of the genus Cannabis, whether growing or not.
(ii) A part of a plant of the genus Cannabis, whether growing or not.
(iii) The seeds of a plant of the genus Cannabis.
(iv) Marihuana concentrate.
(v) A compound, manufacture, salt, derivative, mixture, extract, acid, isomer, salt of an isomer, or preparation of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(C) The seeds of a plant of the genus Cannabis.
(vi) A marihuana-infused product.
(vii) A product with a THC concentration of more than 0.3% on a dry-weight or per volume basis in the form in which it is intended for sale to a consumer.
(viii) A product that is intended for human or animal consumption and that contains, in the form in which it is intended for sale to a consumer, a total amount of THC that is greater than the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)]. MCL 333.27953(h) (MRTMA); MCL 333.7106(4) (Article 7 of the PHC); MCL 333.26423(e) (MMMA); MCL 333.27102(k) (MMFLA); MCL 333.27902(d) (MTA).
•“Except for marihuana concentrate extracted from the following, ‘marihuana’ does not include any of the following:
(i) The mature stalks of a plant of the genus Cannabis.
(ii) Fiber produced from the mature stalks of a plant of the genus Cannabis.
(iii) Oil or cake made from the seeds of a plant of the genus Cannabis.
(iv) A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks of a plant of the genus Cannabis.
(v) Industrial hemp.
(vi) An ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(vii) A dug for which an application filed in accordance with 21 USC 355 is approved by the Food and Drug Administration.” MCL 333.27953(i).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana concentrate “means the resin extracted from any part of a plant of the genus Cannabis.” MCL 333.27953(k).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana-infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.” MCL 333.27953(n).
•For purposes of MCL 791.235, medically frail “describes an individual who is a minimal threat to society as a result of his or her medical condition, who has received a risk score of low on a validated risk assessment, whose recent conduct in prison indicates he or she is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and complex medical condition resulting in the inability to do 1 or more of the following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder, including dementia, Alzheimer’s, or a similar degenerative brain disorder that results in the need for nursing home level of care, and a significantly impaired ability to perform 2 or more activities of daily living.” MCL 791.235(22)(c).
•For purposes of the Michigan Medical Marihuana Act, medical use of marihuana “means the acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, or transportation of marihuana, marihuana-infused products, or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.” MCL 333.26423(i).
•For purposes of MCL 600.1090 et seq., mental health court means “any of the following:
(i) A court-supervised treatment program for individuals who are diagnosed by a mental health professional with having a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the bureau of justice assistance that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, mental health system, substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with mental illnesses, and that take into account the relationship between mental illness and a defendant’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the defendant’s engagement in treatment, are individualized to correspond to the level of risk that each defendant presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, . . . MCL 780.981 to [MCL] 780.1003, provide legal counsel to indigent defendants to explain program requirements, including voluntary participation, and guides defendants in decisions about program involvement. Procedures exist in the mental health court to address, in a timely fashion, concerns about a defendant’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights as defendants. Information gathered as part of the participants’ court-ordered treatment program or services are safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants achieve treatment and criminal justice goals by regularly reviewing and revising the court process.
(I) Criminal justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the mental health court, its performance is assessed periodically, and procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1090(e).
•For purposes of the Mental Health Code and the Code of Criminal Procedure, mental illness “means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” MCL 330.1400(g); see also MCL 768.21a(1).
•For purposes of MCL 777.45 (OV 15), minor “means an individual 17 years of age or less.” MCL 777.45(2)(b).
•For purposes of MCL 771.2a, minor “means an individual less than 18 years of age.” MCL 771.2a(14)(c).
•For purposes of the Code of Criminal Procedure, minor offense means “a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.” MCL 761.1(m).
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), misdemeanor means “either of the following:
(i) A violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.
(ii) A violation of a local ordinance that substantially corresponds to state law and that is not a civil infraction.” MCL 28.241a(j).
•For purposes of the Code of Criminal Procedure, misdemeanor means “a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(n).
•For purposes of the Michigan Penal Code, “[w]hen any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or omission shall be deemed a misdemeanor.” MCL 750.8.
•Note that “the Legislature intended two-year misdemeanors [(in the Michigan Penal Code)] to be considered as misdemeanors for purposes of the Penal Code, but as felonies for purposes of the Code of Criminal Procedure’s habitual-offender, probation, and consecutive sentencing statutes.” People v Smith, 423 Mich 427, 434 (1985).
•For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, motorboat means “a vessel propelled wholly or in part by machinery.” MCL 324.80103(f).
•For purposes of the Michigan Vehicle Code, motor vehicle means “every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act . . . MCL 257.1571 to [MCL] 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle.” MCL 257.33.
•For purposes of MCL 257.601b, moving violation means “an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person is operating a motor vehicle, and for which the person is subject to a fine.” MCL 257.601b(5)(b).
N
•For purposes of Article 7 of the Public Health Code, narcotic drug “means 1 or more of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in [MCL 333.7107(a)], but not including the isoquinoline alkaloids of opium.” MCL 333.7107.
•For purposes of MCL 8.9, negligence means “the failure to use reasonable care with respect to a material element of an offense to avoid consequences that are the foreseeable outcome of the person’s conduct with respect to a material element of an offense and that threaten or harm the safety of another.” MCL 8.9(10)(e).
O
•For purposes of the Crime Victim’s Rights Act, Article 2, offense means “1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.
(ii) A violation of [MCL 750.81] (assault and battery, including domestic violence), [MCL 750.81a] (assault; infliction of serious injury, including aggravated domestic violence), [MCL 750.115] (breaking and entering or illegal entry), [MCL 750.136b(7)] (child abuse in the fourth degree), [MCL 750.145] (contributing to the neglect or delinquency of a minor), [MCL 750.145d] (using the internet or a computer to make a prohibited communication), [MCL 750.233] (intentionally aiming a firearm without malice), [MCL 750.234] (discharge of a firearm intentionally aimed at a person), [MCL 750.235] (discharge of an intentionally aimed firearm resulting in injury), [MCL 750.335a] (indecent exposure), or [MCL 750.411h] (stalking)[.]
(iii) A violation of [MCL 257.601b(2)] (injuring a worker in a work zone) or [MCL 257.617a] (leaving the scene of a personal injury accident) . . . or a violation of [MCL 257.625] (operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(iv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 33 of the former 1933 (Ex Sess) PA 8, or [MCL 436.1701], if the violation results in physical injury or death to any individual.
(v) A violation of [MCL 324.80176(1) or MCL 324.80176(3)] (operating a motorboat while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(vi) A violation of a local ordinance substantially corresponding to a law enumerated in subparagraphs (i) to (v).
(vii) A violation described in subparagraphs (i) to (vi) that is subsequently reduced to a violation not included in subparagraphs (i) to (vi).” MCL 780.781(1)(g).
•For purposes of MCL 324.80176, operate means “to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.” MCL 324.80176(8).
•For purposes of the Michigan Vehicle Code, operating while intoxicated means “any of the following:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning 5 years after the state treasurer publishes a certification under [MCL 257.625(28) stating that the state no longer receives annual federal highway construction funding conditioned on compliance with a national blood alcohol limit], the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.” MCL 257.625(1).
•For purposes of the Code of Criminal Procedure, ordinance violation means “either of the following: (i) [a] violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine[;] (ii) [a] violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(o).
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), ORV “means that term as defined in . . . MCL 324.81101.” MCL 777.1(e). MCL 324.81101(u) defines ORV as “a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. A multitrack or multiwheel drive vehicle, a motorcycle or related 2-wheel vehicle, a vehicle with 3 or more wheels, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation may be an ORV. An ATV is an ORV. ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.”
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, other recorded information “includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.” MCR 1.109(A)(1)(b)(iv).
P
•For purposes of MCL 600.1200 et seq., participant means “individual who is admitted into a veterans treatment court.” MCL 600.1200(e).
•For purposes of MCR 1.111, party means “a person named as a party or a person with legal decision-making authority in the case or court proceeding.” MCR 1.111(A)(2).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, party “includes the lawyer representing the party.” MCR 6.003(1).
•For purposes of Chapter 48 of the Revised Judicature Act, penalty “includes fines, forfeitures, and forfeited recognizances.” MCL 600.4801(b).
•For purposes of the Code of Criminal Procedure, person, accused, or a similar word means “an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.” MCL 761.1(p).
•For purposes of the Michigan Vehicle Code, person means “every natural person, firm, copartnership, association, or corporation and their legal successors.” MCL 257.40.
•For purposes of the Crime Victim’s Rights Act, Articles 1, Article 2, and Article 3, person “means an individual, organization, partnership, corporation, or governmental entity.” MCL 780.752(1)(j); MCL 780.781(1)(h); MCL 780.811(1)(e).
•For purposes of MCL 771.3g and MCL 771.3h, physician “means that term as defined in . . . MCL 333.17001.” MCL 771.3g(7)(b). MCL 333.17001(1)(f) defines physician as “an individual who is licensed or authorized under [Article 15 of the Public Health Code] to engage in the practice of medicine.”
•For purposes of MCL 777.32 (OV 2), pistol “includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.” MCL 777.32(3)(c).
•For purposes of MCL 333.7401, plant “means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons.” MCL 333.7401(5).
•For purposes of MCL 777.40 (OV 10), predatory conduct “means preoffense conduct directed at a victim, or a law enforcement officer posing as a potential victim, for the primary purpose of victimization.” MCL 777.40(3)(a). The phrase “or a law enforcement officer posing as a potential victim” was added to MCL 777.40(3)(a) by 2014 PA 350, effective October 17, 2014.
•For purposes of MCL 257.625, prior conviction means “a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of [Michigan], or a law of another state substantially corresponding to a law of this state, subject to [MCL 257.625(27)2]:
(i) Except as provided in [MCL 257.625(26)3], a violation or attempted violation of any of the following:
(A) [MCL 257.625], except a violation of [MCL 257.625(2)], or a violation of any prior enactment of [MCL 257.625] in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(B) [MCL 257.625m].
(C) Former [MCL 257.625b].
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(iii) [MCL 257.601d] or [MCL 257.626(3) or MCL 257.626(4)].” MCL 257.625(25)(b).
Prior high severity felony conviction
•For purposes of MCL 777.51 (PRV 1), prior high severity felony conviction “means a conviction for any of the following, if the conviction was entered before the sentencing offense was committed:
(a) A crime listed in offense class M2, A, B, C, or D.
(b) A felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D.
(c) A felony that is not listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of 10 years or more.
(d) A felony under a law of the United States or another state that does not correspond to a crime listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of 10 years or more.” MCL 777.51(2).
Prior high severity juvenile adjudication
•For purposes of MCL 777.53 (PRV 3), prior high severity juvenile adjudication “means a juvenile adjudication for conduct that would be any of the following if committed by an adult, if the order of disposition was entered before the sentencing offense was committed:
(a) A crime listed in offense class M2, A, B, C, or D.
(b) A felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D.
(c) A felony that is not listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of 10 years or more.
(d) A felony under a law of the United States or another state that does not correspond to a crime listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of 10 years or more.” MCL 777.53(2).
•For purposes of MCL 436.1703, a prior judgment “means a conviction, juvenile adjudication, finding of responsibility, or admission of responsibility for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States that substantially corresponds to a law of this state, or a law of another state that substantially corresponds to a law of this state:
(i) [MCL 436.1703] or [MCL 436.1701 or MCL 436.1707].
(ii) . . . MCL 257.624a, [MCL] 257.624b, and [MCL] 257.625.
(iii) . . . MCL 324.80176, [MCL] 324.81134, and [MCL] 324.82127.
(iv) . . . MCL 750.167a and [MCL] 750.237.” MCL 436.1703(17)(d).
Prior low severity felony conviction
•For purposes of MCL 777.52 (PRV 2), prior low severity felony conviction “means a conviction for any of the following, if the conviction was entered before the sentencing offense was committed:
(a) A crime listed in offense class E, F, G, or H.
(b) A felony under a law of the United States or another state that corresponds to a crime listed in offense class E, F, G, or H.
(c) A felony that is not listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of less than 10 years.
(d) A felony under a law of the United States or another state that does not correspond to a crime listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of less than 10 years.” MCL 777.52(2).
Prior low severity juvenile adjudication
•For purposes of MCL 777.54 (PRV 4), prior low severity juvenile adjudication “means a juvenile adjudication for conduct that would be any of the following if committed by an adult, if the order of disposition was entered before the sentencing offense was committed:
(a) A crime listed in offense class E, F, G, or H.
(b) A felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H.
(c) A felony that is not listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of less than 10 years.
(d) A felony under a law of the United States or another state that does not correspond to a crime listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of less than 10 years.” MCL 777.54(2).
•For purposes of MCL 777.55 (PRV 5), prior misdemeanor conviction “means a conviction for a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the conviction was entered before the sentencing offense was committed.” MCL 777.55(3)(a).
Prior misdemeanor juvenile adjudication
•For purposes of MCL 777.55 (PRV 5), prior misdemeanor juvenile adjudication “means a juvenile adjudication for conduct that if committed by an adult would be a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the order of disposition was entered before the sentencing offense was committed.” MCL 777.55(3)(b).
•For purposes of MCL 750.193, prison “means a facility that houses prisoners committed to the jurisdiction of the department of corrections and includes the grounds, farm, shop, road camp, or place of employment operated by the facility or under control of the officers of the facility, the department of corrections, a police officer of this state, or any other person authorized by the department of corrections to have a prisoner under care, custody, or supervision, either in a facility or outside a facility, whether for the purpose of work, medical care, or any other reason.” MCL 750.193(2).
•For purposes of MCL 771.3g and MCL 771.3h, prisoner “means an individual committed or sentenced to imprisonment under [MCL 769.28].” MCL 771.3g(7)(c).
•For purposes of the Probation Swift and Sure Sanctions Act, probationer “means an individual placed on probation for committing a felony.” MCL 771A.2(b).
•For purposes of Article 7 of the PHC, production means “the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.” MCL 333.7109(6).
•For purposes of MCL 600.1084, program “means the specialty court interlock program created under [MCL 600.1084].” MCL 600.1084(9)(c).
•For purposes of the Code of Criminal Procedure, prosecuting attorney means “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.” MCL 761.1(r).
•For purposes of Article 1 of the Crime Victim’s Rights Act, prosecuting attorney “means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, or a special prosecuting attorney.” MCL 780.752(1)(l).
•For purposes of the Crime Victim’s Rights Act, Articles 2 and 3, prosecuting attorney “means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based.” MCL 780.781(1)(i); MCL 780.811(1)(g).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, prosecutor “includes any lawyer prosecuting a case.” MCR 6.003(3).
Q
•For purposes of the Deaf Persons’ Interpreters Act, qualified interpreter means “a person who is certified through the national registry of interpreters for the deaf or certified through the state by the division.” MCL 393.502(f).
R
•For purposes of MCL 600.1428, record means “information of any kind that is recorded in any manner and that has been created by a court or filed with a court in accordance with supreme court rules.” MCL 600.1428(4).
•For purposes of MCL 8.9, recklessness means “an act or failure to act that demonstrates a deliberate, willful, or wanton disregard of a substantial and unjustifiable risk without reasonable caution for the rights, safety, and property of others.” MCL 8.9(10)(f).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, recordings “refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.” MCR 1.109(A)(1)(b)(ii).
•In addition to other logically relevant factors, the following factors must be considered in regard to “representations made” when determining whether a substance is an imitation controlled substance:
“(a) Any express or implied representation made that the nature of the substance or its use or effect is similar to that of a controlled substance.
(b) Any express or implied representation made that the substance may be resold for an amount considerably in excess of the reasonable value of the composite ingredients and the cost of processing.
(c) Any express or implied representation made that the substance is a controlled substance.
(d) Any express or implied representation that the substance is of a nature or appearance that the recipient of the substance will be able to distribute the substance as a controlled substance.
(e) That the substance’s package, label, or name is substantially similar to that of a controlled substance.
(f) The proximity of the substance to a controlled substance.
(g) That the physical appearance of the substance is substantially identical to a specific controlled substance, including any numbers or codes thereon, and the shape, size, markings, or color.” MCL 333.7341(2).
•For purposes of MCL 777.33 (OV 3), requiring medical treatment “refers to the necessity for treatment and not the victim’s success in obtaining treatment.” MCL 777.33(3).
•For purposes of MCL 777.32 (OV 2), rifle “includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.” MCL 777.32(3)(c).
S
•For purposes of MCL 777.37 (OV 7), sadism “means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender’s gratification.” MCL 777.37(3).
•For purposes of MCL 771.3d and MCL 801.251a, school “means any of the following:
(i) A school of secondary education.
(ii) A community college, college, or university.
(iii) A state-licensed technical or vocational school or program.
(iv) A program that prepares the person for the general education development (GED) test.” MCL 801.251a(2)(b).
•For purposes of MCL 750.237a, school “means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.” MCL 771.3d(2); MCL 750.237a(6)(b).
•For purposes of MCL 750.520o, school “means a public school as that term is defined in . . . MCL 380.5, that offers developmental kindergarten, kindergarten, or any grade from 1 through 12.” MCL 750.520o(2)(a). MCL 380.5(6) defines public school to mean “a public elementary or secondary educational entity or agency that is established under [the Revised School Code] or under other law of this state, has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school district, intermediate school district, school of excellence corporation, public school academy corporation, strict discipline academy corporation, urban high school academy corporation, or by the department, the state board, or another public body. Public school also includes a laboratory school or other elementary or secondary school that is controlled and operated by a state public university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.”
•For purposes of MCL 771.2a, school “means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. School does not include a home school.” MCL 771.2a(14)(d).
•For purposes of MCL 750.520o, school bus “means every motor vehicle, except station wagons, with a manufacturers’ rated seating capacity of 16 or more passengers, including the driver, owned by a public, private, or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to and from school.” MCL 750.520o(2)(b).
•For purposes of MCL 257.601b, school bus zone means “the area lying within 20 feet of a school bus that has stopped and is displaying 2 alternately flashing red lights at the same level, except as described in [MCL 257.682(2)].” MCL 257.601b(5)(c).
•For purposes of MCL 764.15(1)(n) and Article 7 of the Public Health Code, school property means “a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those building used primarily for adult education or college extension courses.” MCL 764.15(1)(n); MCL 333.7410(8)(b).
•For purposes of MCL 750.237a, school property “means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.” MCL 750.237a(6)(c).
•For purposes of MCL 771.2a, school property “means a building, facility, structure, or real property owned, leased, or otherwise controlled by a school, other than a building, facility, structure, or real property that is no longer in use on a permanent or continuous basis, to which either of the following applies:
(i) It is used to impart educational instruction.
(ii) It is for use by students not more than 19 years of age for sports or other recreational activities.” MCL 771.2a(14)(e).
•For purposes of MCL 333.7413(1), “an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under [Article 7 of the Public Health Code] or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.” MCL 333.7413(4).
•For purposes of MCL 750.520f, “an offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the actor has at any time been convicted under [MCL 750.520b, MCL 750.520c, or MCL 750.520d] or under any similar statute of the United States or any state for a criminal sexual offense including rape, carnal knowledge, indecent liberties, gross indecency, or an attempt to commit such an offense.” MCL 750.520f(2).
•“The sentencing offense is the crime of which the defendant has been convicted and for which he or she is being sentenced.” People v McGraw, 484 Mich 120, 122 n 3 (2009).
•For purposes of MCL 769.12, serious crime “means an offense against a person in violation of [MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.88, MCL 750.89, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520g(1), MCL 750.529, or MCL 750.529a.]” MCL 769.12(6)(c).
Serious impairment of a body function
•For purposes of the Michigan Vehicle Code, serious impairment of a body function “includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.” MCL 257.58c.
•For purposes of MCL 769.5 and the Crime Victim’s Rights Act, Article 3, “[e]xcept as otherwise defined in this article, as used in this article, [serious misdemeanor] means 1 or more of the following:
(i) A violation of [MCL 750.81], assault and battery, including domestic violence.
(ii) A violation of [MCL 750.81a], assault; infliction of serious injury, including aggravated domestic violence.
(iii) Beginning January 1, 2024, a violation of [MCL 750.81c(1)], threatening a department of health and human services’ employee with physical harm.
(iv) A violation of [MCL 750.115], breaking and entering or illegal entry.
(v) A violation of [MCL 750.136b(7)], child abuse in the fourth degree.
(vi) A violation of [MCL 750.145], contributing to the neglect or delinquency of a minor.
(vii) A misdemeanor violation of [MCL 750.145d], using the internet or a computer to make a prohibited communication.
(viii) Beginning January 1, 2024, a violation of [MCL 750.147a(2) or MCL 750.174a(3)(b)], embezzlement from a vulnerable adult of an amount of less than $200.00.
(ix) Beginning January 1, 2024, a violation of [MCL 750.174a(3)(a)], embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00.
(x) A violation of [MCL 750.233], intentionally aiming a firearm without malice.
(xi) A violation of [MCL 750.234], discharge of a firearm intentionally aimed at a person.
(xii) A violation of [MCL 750.235], discharge of an intentionally aimed firearm resulting in injury.
(xiii) A violation of [MCL 750.335a], indecent exposure.
(xiv) A violation of [MCL 750.411h], stalking.
(xv) A violation of [MCL 257.601b(2)], injuring a worker in a work zone.
(xvi) Beginning January 1, 2024, a violation of [MCL 257.601d(1)], moving violation causing death.
(xvii) Beginning January 1, 2024, a violation of [MCL 257.601d(2)], moving violation causing serious impairment of a body function.
(xviii) A violation of [MCL 257.617a], leaving the scene of a personal injury accident.
(xix) A violation of [MCL 257.625], operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of [MCL 436.1701], if the violation results in physical injury or death to any individual.
(xxi) A violation of [MCL 324.80176(1) or MCL 324.80176(3)], operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi).
(xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, ‘crime’ means that term as defined in [MCL 780.752(1)(b)].” MCL 780.811(1)(a).; MCL 769.5(7) (defining serious misdemeanor as that term as defined by MCL 780.811).
•For purposes of the Michigan Penal Code, sexually delinquent person means “any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.” MCL 750.10a.
Sexually transmitted infection
•For purposes of MCL 333.5129(3), sexually transmitted infection “means syphilis, gonorrhea, chancroid, lymphogranuloma venereum, granuloma inguinale, and other sexually transmitted infections that the [Department of Health and Human Services] may designate and require to be reported under [MCL 333.5111].” MCL 333.5101(1)(h).
•For purposes of MCL 777.32 (OV 2), shotgun “includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.” MCL 777.32(3)(c).
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), snowmobile “means that term as defined in . . . MCL 324.82101.” MCL 777.1(f). MCL 324.82101(x) defines snowmobile as “any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, [MCL 257.1 et seq.]”
•For purposes of MCL 600.1084, specialty court “means any of the following:
(i) A drug treatment court.
(ii) A DWI/sobriety court.
(iii) A hybrid of the programs under subparagraphs (i) and (ii).
(iv) A mental health court, as that term is defined in [MCL 600.1090)].
(v) A veterans treatment court, as that term is defined in [MCL 600.1200)]. MCL 600.1084(9)(d).
•For purposes of MCL 764.1f, specified juvenile violation means “any of the following:
(a) A violation of [MCL 750.72, MCL 750.83, MCL 750.86, MCL 750.89, MCL 750.91, MCL 750.316, MCL 750.317, MCL 750.349, MCL 750.520b, MCL 750.529, MCL 750.529a, or MCL 750.531].
(b) A violation of [MCL 750.84 or MCL 750.110a(2)], if the juvenile is armed with a dangerous weapon.
(c) A violation of [MCL 750.186a], regarding escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual escaped or attempted to escape was 1 of the following:
(i) A high-security or medium-security facility operated by the family independence agency or a county juvenile agency.
(ii) A high-security facility operated by a private agency under contract with the family independence agency or a county juvenile agency.
(d) A violation of [MCL 333.7401(2)(a)(i) or MCL 333.7403(2)(a)(i)].
(e) An attempt to commit a violation described in subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transactions as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).” MCL 764.1f(2). See also MCR 6.903(H).
•For purposes of MCL 750.411h and MCL 750.411i, stalking “means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411h(1)(e); MCL 750.411i(1)(e).
•For purposes of MCL 769.1f, state “includes a state institution of higher education.” MCL 769.1f(10)(f).
State-certified treatment court
•For purposes of MCL 600.1088, state-certified treatment court “includes the treatment courts certified by the state court administrative office as provided in” MCL 600.1062 (drug treatment court), MCL 600.1084 (DWI/sobriety court), MCL 600.1091 (mental health court), MCL 600.1099c (juvenile mental health court), or MCL 600.1201 (veterans treatment court). MCL 600.1088(2).
•For purposes of MCL 771.2a, student safety zone “means the area that lies 1,000 feet or less from school property.” MCL 771.2a(14)(f).
T
•For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).
•For purposes of MCL 771.4b, technical probation violation “means a violation of the terms of a probationer’s probation order that is not listed below, including missing or failing a drug test, [MCL 771.4b(9)(b)(ii)] notwithstanding. Technical probation violations do not include the following:
(i) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(ii) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(iii) The consumption of alcohol by a probationer who is on probation for a felony violation of . . . MCL 257.625.
(iv) Absconding.” MCL 771.4b(9)(b).
•For purposes of subchapters 6.000-6.800 of the Michigan Court Rules, technical probation violation “means any violation of the terms of a probation order, including missing or failing a drug test, excluding the following:
(a) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(b) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(c) The consumption of alcohol by a probationer who is on probation for a felony violation of MCL 257.625.
(d) Absconding, defined as the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCR 6.003(7).
•For purposes of MCL 777.49a (OV 20), terrorist “means that term as defined in . . . MCL 750.543b.” MCL 777.49a(2)(a). MCL 750.543b(g) defines terrorist as “any person who engages or is about to engage in an act of terrorism.”
•For purposes of MCL 777.49a (OV 20), terrorist organization “means that term as defined in . . . MCL 750.543c.” MCL 777.49a(2)(d). MCL 750.543c defines terrorist organization as “an organization that, on [April 22, 2002], is designated by the United States state department as engaging in or sponsoring an act of terrorism.” MCL 777.49a(2)(d); MCL 750.543c.
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, THC “means any of the following:
(i) Tetrahydrocannabinolic acid.
(ii) Unless excluded by the cannabis regulatory agency under [MCL 333.27958(2)(c)], a tetrahydrocannabinol, regardless of whether it is artificially or naturally derived.
(iii) A tetrahydrocannabinol that is a structural, optical, or geometric isomer of a tetrahydrocannabinol described in subparagraph (ii).” MCL 333.27953(aa).
•For purposes of the Sex Offenders Registration Act (SORA), tier I offense “means 1 or more of the following:
(i) A violation of [MCL 750.145c(4)].
(ii) A violation of [MCL 750.335a(2)(b)], if a victim is a minor.
(iii) A violation of . . . MCL 750.349b, if the victim is a minor.
(iv) A violation of [MCL 750.449a(2)].
(v) A violation of [MCL 750.520e or MCL 750.520g(2)], if the victim is 18 years or older.
(vi) A violation of . . . MCL 750.539j, if a victim is a minor.
(vii) A violation of . . . [MCL 750.160d(1)].
(viii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
(ix) An offense committed by a person who was, at the time of the offense, a sexually delinquent person[.]
(x) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (ix).
(xi) An offense substantially similar to an offense described in subparagraphs (i) to (x) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.” MCL 28.722(r).
•For purposes of the Sex Offenders Registration Act (SORA), tier II offense “means 1 or more of the following:
(i) A violation of . . . MCL 750.145a.
(ii) A violation of . . . MCL 750.145b.
(iii) A violation of [MCL 750.145c(2) or MCL 750.145c(3)].
(iv) A violation of [MCL 750.145d(1)(a)], except for a violation arising out of a violation of . . . MCL 750.157c.
(v) A violation of . . . MCL 750.158, committed against a minor unless either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vi) A violation of . . . MCL 750.338, [MCL] 750.338a, and [MCL] 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vii) A violation of [MCL 750.462e(a)].
(viii) A violation of . . . MCL 750.448, if the victim is a minor.
(ix) A violation of . . . MCL 750.455.
(x) A violation of [MCL 750.520c, MCL 750.520e, or MCL 750.520g(2)], committed against an individual 13 years of age or older but less than 18 years of age.
(xi) A violation of . . . MCL 750.520c committed against an individual 18 years of age or older.
(xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi).
(xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.” MCL 28.722(t).
•For purposes of the Sex Offenders Registration Act (SORA), tier III offense “means 1 or more of the following:
(i) A violation of . . . MCL 750.338, [MCL] 750.338a, and [MCL] 750.338b, committed against an individual less than 13 years of age.
(ii) A violation of . . . MCL 750.349, committed against a minor.
(iii) A violation of . . . MCL 750.350.
(iv) A violation of [MCL 750.520b, MCL 750.520d, or MCL 750.520g(1)]. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim.
(v) A violation of [MCL 750.520c or MCL 750.520g(2)], committed against an individual less than 13 years of age.
(vi) A violation of . . . MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age.
(vii) A violation of . . . MCL 750.160d.
(viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii).
(ix) An offense substantially similar to an offense described in subparagraphs (i) to (viii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.” MCL 28.722(v).
•For purposes of MCL 777.45 (OV 15), trafficking “means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution.” MCL 777.45(2)(c).
•For purposes of MCL 762.11, traffic offense “means a violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to [MCL] 257.923, or a violation of a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or a misdemeanor.” MCL 762.11(7)(b).
V
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), vehicle “means that term as defined in . . . the Michigan vehicle code, . . . MCL 257.79.” MCL 777.1(g). MCL 257.79 defines vehicle as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in . . . [MCL 125.2302].”
•For purposes of Chapter XVII of the Code of Criminal Procedure (Sentencing Guidelines), vessel “means that term as defined in . . . the natural resources and environmental protection act, . . . MCL 324.80104.” MCL 777.1(h). MCL 324.80104(t) defines vessel as “every description of watercraft used or capable of being used as a means of transportation on water.”
Veterans treatment court/veterans court
•For purposes of MCL 600.1200 et seq., veterans treatment court or veterans court means “a court adopted or instituted under [MCL 600.1201] that provides a supervised treatment program for individuals who are veterans and who abuse or are dependent upon any controlled substance or alcohol or suffer from a mental illness.” MCL 600.1200(j).
•For purposes of MCL 333.5129, victim “includes, but is not limited to, a victim as that term is defined in . . . MCL 750.520a.” MCL 750.520a(s) defines victim as “the person alleging to have been subjected to criminal sexual conduct.”
•For purposes of Chapter LXXVI of the Michigan Penal Code, victim “means the person alleging to have been subjected to criminal sexual conduct.” MCL 750.520a(s).
•For purposes of MCL 777.31 (OV 1), MCL 777.37 (OV 7), and MCL 777.38 (OV 8) “each person who was placed in danger of injury or loss of life” must be counted as a victim. MCL 777.31(2)(a); MCL 777.37(2); MCL 777.38(2)(a).
•For purposes of MCL 777.39 (OV 9), “each person who was placed in danger of physical injury or loss of life or property” must be counted as a victim. MCL 777.39(2)(a). The Court of Appeals further interpreted this definition of victim in People v Ambrose, 317 Mich App 556, 563 (2016). See Section 3.21(B)(1) for a discussion.
•For purposes of the Crime Victim’s Rights Act (CVRA)4, and except as otherwise defined in the CVRA, victim means “any of the following:
(i) A individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of the deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of the deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of the victim, if the victim is less than 18 years of age, who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the defendant nor incarcerated.
(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m).
•For purposes of MCL 750.411h and MCL 750.411i, victim “means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.” MCL 750.411h(1)(g); MCL 750.411i(1)(g).
•For purposes of Subchapter 2.400 of the Michigan Court Rules and MCR 6.006, videoconferencing means “the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only portion.” MCR 2.407(A)(2); MCR 6.006(A)(1) (stating except as otherwise provided, MCR 2.407 governs the use of videoconferencing technology for purposes of MCR 6.006).
•For purposes of MCR 6.106(B)(1), violent felony means “a felony, an element of which involves a violent act or threat of a violent act against any other person.” MCR 6.106(B)(2).
•For purposes of MCL 771.2a, violent felony “means that term as defined in . . . MCL 791.236.” MCL 771.2a(14)(g). MCL 791.236(20) defines violent felony as “an offense against a person in violation of . . . MCL 750.82, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, [or MCL] 750.530.”
•For purposes of MCL 777.40 (OV 10), vulnerability “means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation.” MCL 777.40(3)(c).
W
•For purposes of MCL 750.237a, weapon “includes, but is not limited to, a pneumatic gun.” MCL 750.237a(6)(d).
•For purposes of MCL 750.237a, weapon free school zone “means school property and a vehicle used by a school to transport students to or from school property.” MCL 750.237a(6)(e).