Bill Text: MI HB5709 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: sentencing; mandatory sentencing for certain crimes in the social welfare act; require. Amends sec. 60 of 1939 PA 280 (MCL 400.60).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-05-08 - Bill Electronically Reproduced 05/08/2024 [HB5709 Detail]
Download: Michigan-2023-HB5709-Introduced.html
HOUSE BILL NO. 5709
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 60 (MCL 400.60), as amended by 1999 PA 194.
the people of the state of michigan enact:
Sec. 60. (1) Any person An individual who by means of willful false statement or representation, by impersonation or other fraudulent device, or by using an access device obtains or attempts to obtain, or aids or abets any person individual to obtain or attempt to obtain, (a) assistance or relief to which the person individual is not entitled; or (b) a larger amount of assistance or relief than that to which the person individual is justly entitled; or any officer or employee of a county, city, or district family independence agency the department of health and human services who authorizes or recommends relief to persons individuals known to the officer or employee to be ineligible or to have fraudulently created their eligibility; or any person individual who knowingly buys or aids or abets in buying or in disposal of the property of a person an individual receiving assistance or relief without the consent of the director or supervisor of the state department shall, if the amount involved shall be of the value of $500.00 or less, be deemed of health and human services is guilty of a misdemeanor and felony. The court shall , if the amount involved shall be of the value of more than $500.00, be deemed guilty of a felony, and upon conviction shall be punished as provided by the laws of this state. The amount involved as used in this subsection shall be defined as the difference between the lawful amount of assistance or aid and the amount of assistance or aid actually received. sentence the person to imprisonment for not less than 2 years and 6 months or more than 4 years. If anyone receives assistance or relief through means enumerated in this section, in which prosecution is deemed unnecessary, the state department of health and human services or county departments may take the necessary steps to recover from the recipient the amount involved, plus interest at 5% per annum. On conviction of the violation of the provisions of this section of any officer or employee of any county, city, or district department of social welfare, the officer or employee shall must be removed or dismissed from office. For the purpose of this subsection, "access device" means that term as it is defined in section 300a of the Michigan penal code, 1931 PA 328, MCL 750.300a.
(2) There is imposed upon on every person individual receiving relief under this act either upon on the person's individual's own application or by the person's individual's inclusion, to his or her the individual's knowledge, in the application of another the continuing obligation to supply to the department issuing the relief: (a) the complete circumstances in regard to the person's individual's income from employment or from any other source or the existence of income, if known to the person, individual, of other persons individuals receiving relief through the same application; (b) information regarding each and every offer of employment for the person individual or, if known to him or her, the individual, of the other persons individuals receiving relief through the same application; (c) information concerning changes in the person's individual's circumstances or those of other persons individuals receiving relief through the same application which would decrease the need for relief; and (d) the circumstances or whereabouts, known to the person, individual, of relatives legally responsible for the person's individual's support or for the support of other persons individuals receiving relief through the same application if changes in those circumstances or whereabouts could affect the amount of assistance available from those relatives or affect their legal liability to furnish support. Any person individual who shall neglect or refuse neglects or refuses to submit to the department issuing relief the information required by this section , if the amount of relief granted as a result of the neglect or refusal is less than $500.00, is guilty of a misdemeanor, and if the amount of relief granted as a result of the neglect or refusal is $500.00 or more, is guilty of a felony, and upon on conviction the court shall be punished as provided by the laws of this state.sentence the individual to imprisonment for not less than 2 years and 6 months or more than 4 years.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
