Bill Text: MI HB4269 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; malicious destruction; destruction or mutilation of war memorial or war monument; increase penalties to 5 years. Amends sec. 387 of 1931 PA 328 (MCL 750.387).
Spectrum: Slight Partisan Bill (Republican 21-13)
Status: (Introduced - Dead) 2010-08-25 - Referred To Second Reading [HB4269 Detail]
Download: Michigan-2009-HB4269-Introduced.html
HOUSE BILL No. 4269
February 17, 2009, Introduced by Reps. Rick Jones, Schuitmaker, Meekhof, Mayes, Durhal, Geiss, Young, Huckleberry, Sheltrown, Corriveau, Ebli, Spade, Gonzales, Moore, Horn, Valentine, Moss, DeShazor, Kowall, Tyler, Elsenheimer, Ball, Espinoza, Terry Brown, Knollenberg, Stamas, Marleau, Opsommer, Paul Scott, Wayne Schmidt, Rocca, Calley, McMillin and Walsh and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 387 (MCL 750.387), as amended by 1998 PA 311.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 387. (1) A person, other than the burial right owner or
his or her representative, heir at law, or a person having care,
custody, or control of a cemetery pursuant to law, a contract, or
other legal right, shall not willfully destroy, mutilate, deface,
injure, or remove a tomb, monument, gravestone, or other structure
or thing placed or designed for a memorial of the dead, or a fence,
railing, curb, or other thing intended for the protection or for
the ornament of any tomb, monument, gravestone, or other structure
described in this subsection or any other enclosure for the burial
of the dead and shall not willfully destroy, mutilate, remove, cut,
break, or injure any tree, shrub, or plant, placed or being within
such an enclosure.
(2) Prosecution under subsection (1) may commence upon
complaint by the burial right owner or his or her representative,
heir at law, or person having care, custody, or control of a
cemetery, tomb, monument, gravestone, or other structure or thing
described in subsection (1).
(3) If the total amount of damage is 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 amount of damage, whichever is
greater, or both imprisonment and a fine.
(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 amount of damage, whichever is greater, or
both imprisonment and a fine:
(a) The total amount of damage is $200.00 or more but less
than $1,000.00.
(b) The total amount of damage is 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 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 amount of damage, whichever is greater, or both
imprisonment and a fine:
(a) The item or structure damaged or destroyed is a war
memorial or a war monument.
(b) (a)
The total amount of damage is
$1,000.00 or more but
less than $20,000.00.
(c) (b)
The total amount of damage is
$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 (3) or (4)(b).
(6) 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 amount of damage, whichever is greater, or both
imprisonment and a fine:
(a) The total amount of damage is $20,000.00 or more.
(b) The total amount of damage is $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 (3) or (4)(b).
(7) The amounts of damage in separate incidents pursuant to a
scheme or course of conduct within any 12-month period may be
aggregated in determining the total amount of damage.
(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.
(9) 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.
