HB 5038 — Criminal procedure: sentencing guidelines; sentencing guidelines for false representation regarding assisted reproduction; provide for. Amends sec. 16l, ch. XVII of 1927 PA 175 (MCL 777.16l). TIE BAR WITH: HB 5036'25

HB-5038, As Passed House, February 18, 2026 SUBSTITUTE FOR HOUSE BILL NO.

Category Class Description Stat Max 750.213 Person B Threats to extort 20 money ELF H00179'25 a (H-1)(H-1)_HB5038_APH_1 sqewjtqr6mev 750.213a(3)(a) Person VariableCoercing female to Variable have an abortion against her will 750.213b(1)(a) Person E Extortion involving 5 sexually explicit visual material – first offense 750.213b(1)(b) Person D Extortion involving 10 sexually explicit visual material – second offense 750.213b(1)(c) Person B Extortion involving 20 sexually explicit visual material – third or subsequent offense 750.213b(2) Person B Extortion involving 25 sexually explicit visual material – certain aggravating factors 750.215(3) Pub saf F Impersonating peace 4 officer 750.217b Pub saf G Impersonating public 2 utility employee 750.217c(3) Pub ord H Impersonating public 2 officer or employee — subsequent conviction ELF H00179'25 a (H-1)(H-1)_HB5038_APH_1 sqewjtqr6mev 750.217c(4) Pub ord G Impersonating public 4 officer or employee — third or subsequent conviction 750.217d Pub saf C False representation 15 or practice as health professional 750.217e Pub ord G Impersonating a DHHS 2 employee 750.217f Pub saf G Impersonating a 2 firefighter or emergency medical service personnel 750.218(4) Property E False pretenses 5 involving $1,000 or more but less than $20,000 or $200 or more but less than $1,000 with prior convictions 750.218(5) Property C False pretenses 15 involving $20,000 or more but less than $50,000 or $1,000 or more but less than $20,000 with prior convictions ELF H00179'25 a (H-1)(H-1)_HB5038_APH_1 sqewjtqr6mev 750.218(6) Property C False pretenses 15 involving a value of $50,000 or more but less than $100,000 or $20,000 or more but less than $50,000 with prior convictions 750.218(7) Property B False pretenses 20 involving a value of $100,000 or more or $50,000 or more but less than $100,000 with prior convictions 750.219a(2)(c) Property E Telecommunications 5 fraud with 1 or more prior convictions or involving a value of $1,000 to $20,000 750.219a(2)(d) Property D Telecommunications 10 fraud with 2 or more prior convictions or involving a value of $20,000 or more 750.219d(4)(a) Pub ord C Residential mortgage 15 fraud violation involving loan value of $100,000 or less ELF H00179'25 a (H-1)(H-1)_HB5038_APH_1 sqewjtqr6mev 750.219d(4)(b) Pub ord B Residential mortgage 20 fraud violation involving loan value of more than $100,000 750.219e Property F Receiving, 4 possessing, preparing, or submitting an unauthorized credit application or receiving or possessing proceeds 750.219f Property F Receiving with intent 4 to forward, possessing with intent to forward, or forwarding an unauthorized credit application or proceeds 750.219g(1) Person E False representation 5 with regard to specific circumstances regarding an assisted reproduction procedure ELF H00179'25 a (H-1)(H-1)_HB5038_APH_1 sqewjtqr6mev 750.219g(2) Person C Health professional 15 knowingly or recklessly using a human embryo or gamete other than the human embryo or gamete agreed to by the patient in assisted reproduction procedure (2) For a violation of section 213a(3)(a) of the Michigan penal code, 1931 PA 328, MCL 750.213a, determine the offense class, offense variable level, and prior record variable level based on the underlying offense.

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