Mich. Comp. Laws § 777.55 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 777.55
Prior misdemeanor convictions or prior misdemeanor juvenile adjudications.
Status: in_force

Sec. 55.

(1) Prior record variable 5 is prior misdemeanor convictions or prior misdemeanor juvenile adjudications. Score prior record variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offender has 7 or more prior misdemeanor convictions or prior misdemeanor juvenile adjudications 20 points (b) The offender has 5 or 6 prior misdemeanor convictions or prior misdemeanor juvenile adjudications 15 points (c) The offender has 3 or 4 prior misdemeanor convictions or prior misdemeanor juvenile adjudications 10 points (d) The offender has 2 prior misdemeanor convictions or prior misdemeanor juvenile adjudications 5 points (e) The offender has 1 prior misdemeanor conviction or prior misdemeanor juvenile adjudication 2 points (f) The offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications 0 points

(a) The offender has 7 or more prior misdemeanor convictions or prior misdemeanor juvenile adjudications

20 points

(b) The offender has 5 or 6 prior misdemeanor convictions or prior misdemeanor juvenile adjudications

15 points

(c) The offender has 3 or 4 prior misdemeanor convictions or prior misdemeanor juvenile adjudications

10 points

(d) The offender has 2 prior misdemeanor convictions or prior misdemeanor juvenile adjudications

5 points

(e) The offender has 1 prior misdemeanor conviction or prior misdemeanor juvenile adjudication

2 points

(f) The offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications

0 points

(2) All of the following apply to scoring record variable 5:

(a) Except as provided in subdivision (b), count a prior misdemeanor conviction or prior misdemeanor juvenile adjudication only if it is an offense against a person or property, a controlled substance offense, or a weapon offense. Do not count a prior conviction used to enhance the sentencing offense to a felony.

(b) Count all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do not count a prior conviction used to enhance the sentencing offense to a felony.

(3) As used in this section:

(a) "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.

(b) "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.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998; Am. 2000, Act 279, Eff. Oct. 1, 2000