Bill Text: MI HB4895 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; sentencing; penalty for concealment of a stolen vehicle; increase with prior convictions. Amends sec. 535 of 1931 PA 328 (MCL 750.535).
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Passed) 2014-07-16 - Assigned Pa 221'14 [HB4895 Detail]
Download: Michigan-2013-HB4895-Engrossed.html
HB-4895, As Passed House, December 4, 2013
HOUSE BILL No. 4895
July 18, 2013, Introduced by Reps. Kesto, Farrington, Callton, Yonker, Johnson, McBroom, MacGregor, McCready, Crawford, Haines, Heise, Hooker, Bumstead, Kowall, Cavanagh, Dianda and Kosowski and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 535 (MCL 750.535), as amended by 2006 PA 374.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 535. (1) A person shall not buy, receive, possess,
conceal, or aid in the concealment of stolen, embezzled, or
converted money, goods, or property knowing, or having reason to
know or reason to believe, that the money, goods, or property is
stolen, embezzled, or converted.
(2) If any of the following apply, a person who violates
subsection (1) is guilty of a felony punishable by imprisonment for
not more than 10 years or a fine of not more than $15,000.00 or 3
times the value of the property purchased, received, possessed, or
concealed, whichever is greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed
has a value of $20,000.00 or more.
(b) The property purchased, received, possessed, or concealed
has a value of $1,000.00 or more but less than $20,000.00, and the
person has 2 or more prior convictions for committing or attempting
to commit an offense under this section. For purposes of this
subdivision, however, a prior conviction does not include a
conviction for a violation or attempted violation of subsection
(4)(b) or (5).
(3) If any of the following apply, a person who violates
subsection (1) is guilty of a felony punishable by imprisonment for
not more than 5 years or a fine of not more than $10,000.00 or 3
times the value of the property purchased, received, possessed, or
concealed, whichever is greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed
has a value of $1,000.00 or more but less than $20,000.00.
(b) The property purchased, received, possessed, or concealed
has a value of $200.00 or more but less than $1,000.00, and the
person has 1 or more prior convictions for committing or attempting
to commit an offense under this section. For purposes of this
subdivision, however, a prior conviction does not include a
conviction for a violation or attempted violation of subsection
(4)(b) or (5).
(4) If any of the following apply, a person who violates
subsection (1) is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00 or 3 times the value of the property purchased, received,
possessed, or concealed, whichever is greater, or both imprisonment
and a fine:
(a) The property purchased, received, possessed, or concealed
has a value of $200.00 or more but less than $1,000.00.
(b) The property purchased, received, possessed, or concealed
has a value of less than $200.00, and the person has 1 or more
prior convictions for committing or attempting to commit an offense
under this section or a local ordinance substantially corresponding
to this section.
(5) If the property purchased, received, possessed, or
concealed has a value of less than $200.00, a person who violates
subsection (1) is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00 or 3 times the value of the property purchased, received,
possessed, or concealed, whichever is greater, or both imprisonment
and a fine.
(6) The values of property purchased, received, possessed, or
concealed in separate incidents pursuant to a scheme or course of
conduct within any 12-month period may be aggregated to determine
the total value of property purchased, received, possessed, or
concealed.
(7) A person shall not buy, receive, possess, conceal, or aid
in the concealment of a stolen motor vehicle knowing, or having
reason to know or reason to believe, that the motor vehicle is
stolen,
embezzled, or converted. A Except
as provided in subsection
(8), a person who violates this subsection is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $10,000.00 or 3 times the value of the motor vehicle
purchased, received, possessed, or concealed, whichever is greater,
or both imprisonment and a fine. A person who is charged with,
convicted of, or punished for a violation of this subsection shall
not be convicted of or punished for a violation of another
provision of this section arising from the purchase, receipt,
possession, concealment, or aiding in the concealment of the same
motor vehicle. This subsection does not prohibit the person from
being charged, convicted, or punished under any other applicable
law.
(8) A person who violates subsection (7) and has 1 or more
prior convictions for committing or attempting to commit an offense
under this section, other than a violation of subsection (4)(b) or
(5), is guilty of a felony punishable by imprisonment for not more
than 10 years or a fine of not more than $15,000.00 or 3 times the
value of the vehicle purchased, received, possessed, concealed,
whichever is greater, or both imprisonment and a fine.
(9) (8)
If the prosecuting attorney intends
to seek an
enhanced sentence based upon the defendant having 1 or more prior
convictions, the prosecuting attorney shall include on the
complaint and information a statement listing the prior conviction
or convictions. The existence of the defendant's prior conviction
or convictions shall be determined by the court, without a jury, at
sentencing or at a separate hearing for that purpose before
sentencing. The existence of a prior conviction may be established
by any evidence relevant for that purpose, including, but not
limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(10) (9)
A person who is a dealer in or
collector of
merchandise or personal property, or the agent, employee, or
representative of a dealer or collector of merchandise or personal
property who fails to reasonably inquire whether the person selling
or delivering the stolen, embezzled, or converted property to the
dealer or collector has a legal right to do so or who buys or
receives stolen, embezzled, or converted property that has a
registration, serial, or other identifying number altered or
obliterated on an external surface of the property, is presumed to
have bought or received the property knowing the property is
stolen, embezzled, or converted. This presumption is rebuttable.
(11) (10)
If the sentence for a conviction
under this section
is enhanced by 1 or more prior convictions, those prior convictions
shall not be used to further enhance the sentence for the
conviction pursuant to section 10, 11, or 12 of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and
769.12.
(12) (11)
It is not a defense to a charge
under this section
that the property was not stolen, embezzled, or converted property
at the time of the violation if the property was explicitly
represented to the accused person as being stolen, embezzled, or
converted property.
