THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
769.3 Conditional sentence; payment of fine; probation.
Sec. 3.
(1) If a person is convicted of an offense punishable by a fine or imprisonment, or both, the court may impose a conditional sentence and order the person to pay a fine, with or without the costs of prosecution, and restitution as provided under section 1a of this chapter or the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, within a limited time stated in the sentence and, in default of payment, sentence the person as provided by law.
(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition that the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17331 ;-- CL 1948, 769.3 ;-- Am. 1982, Act 470, Eff. Mar. 30, 1983 ;-- Am. 1998, Act 231, Imd. Eff. July 3, 1998
FormerLaw Notes:
See section 2 of Ch. 163 of R.S. 1846, being CL 1857, § 6101; CL 1871, § 7985; How., § 9601; CL 1897, § 11971; and CL 1915, § 15844.
Notes of Decisions
Williams v. Illinois, 399 U.S. 235 (1970).
· cites it 2× “Penal Code § 1205 ; Mich. Comp. Laws § 769.3 (1948); Pa. Stat.”
People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010).
“110a(4)(b)(i) and (ii) (providing that the elements of one form of third-degree home invasion include violation of a “probation term or condition” or “parole term or condition”); MCL 769.”
People v. Watts, 348 N.W.2d 39 (Mich. Ct. App. 1984).
“Because defendant was not fined, the assessment of costs provisions of the conditional sentence statute, MCL 769.3; MSA 28.1075, are not applicable.”
People v. Baker, 39 Cal. App. 3d 550 (Cal. Ct. App. 1974).
“, Mich. Comp. Laws, § 769.3, N.J. Stat. Ann.”
People v. Burnett, 86 Cal. App. 3d 320 (Cal. Ct. App. 1978).
“, Mich. Comp. Laws, § 769.3, N.J. Stat. Ann.”
People v. Tims, 339 N.W.2d 488 (Mich. Ct. App. 1982).
· cites it 2× “The prosecutor argues that the sentence was authorized by MCL 769.3; MSA 28.1075, which states in part: "When any persons shall be convicted of an offense punishable at the discretion of the court, either by fine or imprisonment in the county jail or by a fine or imprisonment in…”
People v. Michael Jones, 451 N.W.2d 525 (Mich. Ct. App. 1989).
“Furthermore, though provision for the assessment of costs is expressed in both the conditional sentence statute, MCL 769.3; MSA 28.1075, and the probation statute, MCL 771.”
Hood v. Smedley, 498 P.2d 120 (Alaska 1972).
“Penal Code § 1205; Mich.Comp. Laws § 769.3 (1948) ; Pa.Stat.”
People v. Cunningham, 852 N.W.2d 118 (Mich. 2014).
“” MCL 769.3(1). In 1994, when the Legislature laid the foundation for the criminal sentencing guidelines, it amended the Code of Criminal Procedure to add MCL 769.”
People v. Neil, 299 N.W.2d 23 (Mich. Ct. App. 1980).
“Plaintiff argues that the imposition of restitution as an alternative sentence to incarceration is permissible within the scope of Michigan’s conditional sentence statute, MCL 769.3; MSA 28.1075. The statute provides that: "When any persons shall be convicted of an offense…”
— Mich. Comp. Laws § 769.3(1) — 1 case
People v. Cunningham, 852 N.W.2d 118 (Mich. 2014).
“” MCL 769.3(1). In 1994, when the Legislature laid the foundation for the criminal sentencing guidelines, it amended the Code of Criminal Procedure to add MCL 769.”
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