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 780.622, applicant “includes an individual who has applied under [the Setting Aside Convictions Act, MCL 780.621 et seq.,] to have his or her conviction or convictions set aside and an individual whose conviction or convictions have been set aside without an application under [MCL 780.621g].” MCL 780.622(10).
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., assaultive crime “includes any of the following:
(i) A violation described in . . . MCL 770.9a.
(ii) A violation of . . . MCL 750.81 to MCL 750.90g, not otherwise included in subparagraph (i).
(iii) A violation of [MCL 750.110a, MCL 750.136b, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.349b, and MCL 750.411h], or any other violent felony.
(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in subparagraph (i), (ii), or (iii).” MCL 780.621(4)(a).
C
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., conviction means “a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.” MCL 780.621a(a).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, court or 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).
•As used in MCL 780.621g (automatic set aside of conviction), crime of dishonesty, “includes a felony violation of chapters XXVA and XLI, felony violations of sections [MCL 750.]174, [MCL 750.]174a, [MCL 750.]175, [MCL 750.]176, [MCL 750.]180, and [MCL 750.]181 . . . MCL 750.159f to [MCL] 750.159x, [MCL] 750.248 to [MCL] 750.265a, [MCL] 750.174, [MCL] 750.174a, [MCL] 750.175, [MCL] 750.176, [MCL] 750.180, and [MCL] 750.181, and a violation of . . . MCL 752.791 to [MCL] 752.797.” MCL 780.621g(15).
D
•As used in MCL 780.621b, dangerous weapon “means that term as defined in . . . MCL 750.110a.” MCL 780.621b(2). MCL 750.110a(1)(b) defines dangerous weapon as “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).”
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., domestic violence means “that term as defined in . . . MCL 400.1501.” MCL 780.621(4)(b). 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) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”
F
•As used in MCL 400.1501, family or household member “includes any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).” MCL 400.1501(e).
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., felony means “either of the following, as applicable:
(i) For purposes of the offense to be set aside, felony means a violation of penal law of this state that is punishable by imprisonment for more than 1 year or that is designated by law to be a felony.
(ii) For purposes of identifying a prior offense, felony means a violation of a penal law of this state, of another state, or of the United States that is punishable by imprisonment for more than 1 year or is designated by law to be a felony.” MCL 780.621(4)(c).
First violation operating while intoxicated offense
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., first violation operating while intoxicated offense, “means a violation of any of the following committed by an individual who at the time of the violation has no prior convictions for violating . . . MCL 257.625:
(i) [MCL 257.625(1), MCL 257.625(2), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8)].
(ii) A local ordinance substantially corresponding to a violation listed in subparagraph (i).
(iii) A law of an Indian tribe substantially corresponding to a violation listed in subparagraph (i).
(iv) A law of another state substantially corresponding to a violation listed in subparagraph (i).
(v) A law of the United States substantially corresponding to a violation listed in subparagraph (i).” MCL 780.621(4)(d).
H
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., human trafficking violation means “a violation of . . . MCL 750.462a to [MCL] 750.462h, or former [MCL 750.462i or MCL 750.462j].”MCL 780.621(4)(e).
I
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., Indian tribe means “an Indian tribe, Indian band, or Alaskan native village that is recognized by federal law or formally acknowledged by a state.” MCL 780.621(4)(f).
Indigent criminal defense system
•As used in MCL 780.991(3)(a), indigent criminal defense system means “either of the following:
(i) The local unit of government that funds a trial court.
(ii) If a trial court is funded by more than 1 local unit of government, those local units of government, collectively.” MCL 780.983(h).
M
Major controlled substance offense
•As used in MCL 771A.6, major controlled substance offense means “either or both of the following:
(a) A violation of [MCL 333.7401(2)(a)].
(b) A violation of [MCL 333.7403(2)(a)(i)-MCL 333.7403(2)(a)(iv)].
(c) Conspiracy to commit an offense listed in [MCL 761.2(a) or MCL 761.2(b)].” MCL 761.2.
•As used in MCL 780.621(1)(d), minor offense means “a misdemeanor or ordinance violation to which all of the following apply:
(i) The maximum permissible term of imprisonment doe not exceed 90 days.
(ii) The maximum permissible fine is not more than $1,000.00.
(iii) The person who committed the offense is not more than 21 years old.” MCL 780.621(1)(d).
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., misdemeanor means “a violation of any of the following:
(i) A penal law of this state, another state, an Indian tribe, or the United States that is not a felony.
(ii) An order, rule, or regulation of a state agency that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, or both.
(iii) A local ordinance of a political subdivision of this state substantially corresponding to a crime listed in subparagraph (i) or (ii) that is not a felony.
(iv) A violation of the law of another state or political subdivision of another state substantially corresponding to a crime listed under subparagraph (i) or (ii) that is not a felony.
(v) A violation of the law of the United States substantially corresponding to a crime listed under subparagraph (i) or (ii) that is not a felony.” MCL 780.621(4)(g). See MCL 780.621(2) for deferred and dismissed convictions that are considered misdemeanor convictions under MCL 780.621(1) for purposes of determining whether a person is eligible to have any conviction set aside under MCL 780.621 et seq.
For purposes of MCL 780.621e (setting aside certain convictions), misdemeanor marihuana offense “means a violation of [MCL 333.7403(2)(d), MCL 333.7404(2)(d)], or a marihuana paraphernalia violation of [MCL 333.7453] . . . or a violation of a local ordinance substantially corresponding to [MCL 333.7403(2)(d), MCL 333.7404(2)(d)], or the prohibition regarding marihuana paraphernalia of [MCL 333.7453].” MCL 780.621e(7).
O
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., operating while intoxicated means “a violation of any of the following that is not a first violation operating while intoxicated offense:
(i) [MCL 257.625 and MCL 257.625m].
(ii) A local ordinance substantially corresponding to a violation listed in subparagraph (i).
(iii) A law of an Indian tribe substantially corresponding to a violation listed in subparagraph (i).
(iv) A law of another state substantially corresponding to a violation listed in subparagraph (i).
(v) A law of the United States substantially corresponding to a violation listed in subparagraph (i).” MCL 780.621(4)(h).
P
•As used in the Michigan Indigent Defense Commission Act, partially indigent “means a criminal defendant who is unable to afford the complete cost of legal representation, but is able to contribute a monetary amount toward his or her representation.” MCL 780.983(k).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, party “includes the lawyer representing the party.” MCR 6.003(1).
•As used in connection with habeas corpus, prisoner means “the person on whose behalf the writ is issued, such as an inmate of a penal or mental institution, the child whose custody is sought, and other persons alleged to be restrained of their liberty.” MCL 600.4322.
•As used in MCL 771A.1 et seq., probationer means “an individual placed on probation for committing a felony.” MCL 771A.2(b).
•For purposes of subchapters 6.000—6.800 of the Michigan Court Rules, prosecutor “includes any lawyer prosecuting the case.” MCR 6.003(3).
S
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., serious misdemeanor means “that term as defined in . . . MCL 780.811.” MCL 780.621(4)(i). MCL 780.811(1)(a) defines serious misdemeanor as “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)].”
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).
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., traffic offense means “a violation of the Michigan [V]ehicle [C]ode[ (MVC)], [MCL 257.1 et seq.], or a local ordinance substantially corresponding to [the MVC], which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.” MCL 780.621a(b).
V
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., victim means “that term as defined in . . . [MCL 780.752, MCL 780.781, and MCL 780.811].” MCL 780.621(4)(j). Except as indicated in a footnote below, MCL 780.752(1)(m), MCL 780.781(1)(j), and MCL 780.811(1)(h) contain substantially similar definitions of the term victim:
“(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in [MCL 780.752(1)(m)(ii), MCL 780.752(1)(m)(iii), MCL 780.752(1)(m)(iv), or MCL 780.752(1)(m)(v)].
(ii) The following individuals other than the defendant[1] if the victim is deceased, except a 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[2] 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[3] nor incarcerated.[4]
(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:[5]
(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.”
•As used in MCL 780.623, victim means “any individual who suffers direct or threatened physical, financial, or emotional harm as the result of the offense that was committed by the applicant.” MCL 780.623(7).
•As used in the Setting Aside Convictions Act, MCL 780.621 et seq., violent felony “means that term as defined in . . . MCL 791.236.” MCL 780.621(4)(k). MCL 791.236(20) defined 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.”