Current through Public Act 198 of the 2023 Legislative Session
Section 750.316 - First degree murder; incarceration order upon conviction; penalty; definitions(1) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, a person who commits any of the following is guilty of first degree murder and shall be punished by imprisonment for life without eligibility for parole: (a) Murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing.(b) Murder committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, vulnerable adult abuse in the first or second degree under section 145n, torture under section 85, aggravated stalking under section 411i, or unlawful imprisonment under section 349b.(c) A murder of a peace officer or a corrections officer committed while the peace officer or corrections officer is lawfully engaged in the performance of any of his or her duties as a peace officer or corrections officer, knowing that the peace officer or corrections officer is a peace officer or corrections officer engaged in the performance of his or her duty as a peace officer or corrections officer.(2) Immediately following a conviction under this section, a court shall enter an order committing the convicted person to the jurisdiction of the department of corrections for incarceration in a state correctional facility pending sentencing using a form created by the state court administrative office for this purpose. This order becomes effective if both of the following apply:(a) The sheriff agrees to transport for final sentencing the person from the state correctional facility to the county and from the county back to the state correctional facility.(b) The convicted person was not less than 18 years of age at the time he or she committed the offense for which he or she was convicted under this section.(3) A court shall hold the sentencing hearing not more than 45 days after a person is committed to the department of corrections under subsection (2).(4) As used in this section: (a) "Arson" means a felony violation under chapter X.(b) "Corrections officer" means any of the following:(i) A prison or jail guard or other prison or jail personnel.(ii) Any of the personnel of a boot camp, special alternative incarceration unit, or other minimum security correctional facility.(iii) A parole or probation officer.(c) "Major controlled substance offense" means any of the following: (i) A violation of section 7401(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7401.(ii) A violation of section 7403(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7403.(iii) A conspiracy to commit an offense listed in subparagraph (i) or (ii).(d) "Peace officer" means any of the following:(i) A police or conservation officer of this state or a political subdivision of this state.(ii) A police or conservation officer of the United States.(iii) A police or conservation officer of another state or a political subdivision of another state.Amended by 2022, Act 149,s 1, eff. 7/19/2022.Amended by 2014, Act 158,s 1, eff. 7/1/2014.Amended by 2014, Act 23,s 9, eff. 3/4/2014.Amended by 2013, Act 39,s 1, eff. 6/4/2013.Amended by 2006, Act 415, s 1, eff. 12/1/2006.Amended by 2004, Act 58, s 1, eff. 6/11/2004.1931, Act 328, Eff. 9/18/1931 ;--CL 1948, 750.316 ;--Am. 1969, Act 331, Eff. 3/20/1970 ;--Am. 1980, Act 28, Imd. Eff. 3/7/1980 ;--Am. 1994, Act 267, Eff. 10/1/1994 ;--Am. 1996, Act 20, Eff. 4/1/1996 ;--Am. 1996, Act 21, Eff. 4/1/1996 ;--Am. 1999, Act 189, Eff. 4/1/2000.