Bill Text: MI HB4907 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Crimes; arson; technical amendments; provide for. Amends secs. 78 & 79 of 1931 PA 328 (MCL 750.78 & 750.79).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-17 - Assigned Pa 111'14 With Immediate Effect [HB4907 Detail]
Download: Michigan-2013-HB4907-Engrossed.html
HB-4907, As Passed Senate, March 27, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4907
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 78 and 79 (MCL 750.78 and 750.79), as amended
by 2012 PA 533.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 78. (1) Except as provided in sections 72 to 77, a person
shall
not intentionally do any of the following:
(a) Willfully and maliciously burn, damage, or destroy by fire
or explosive any of the following or its contents:
(i) Any personal property having a value of $200.00 or more but
less than $1,000.00.
(ii) Any personal property having a value of less than $200.00,
if the person has 1 or more prior convictions.
(iii) Any personal property having a value of less than $200.00.
(b) Negligently, carelessly, or recklessly set fire to a hotel
or motel or its contents, and, by setting that fire, endanger the
life or property of another person.
(2) Subsection (1) applies regardless of whether the person
owns the building, structure, hotel, motel, or its contents, or the
personal property.
(3) A violation of this section is a misdemeanor punishable as
follows:
(a) If the person violates subsection (1)(a)(i) or (ii),
imprisonment for not more than 1 year and a fine of not more than
$2,000.00 or 3 times the value of the property damaged or
destroyed, whichever is greater.
(b) If the person violates subsection (1)(a)(iii) or (b),
imprisonment for not more than 93 days and a fine of not more than
$500.00 or 3 times the value of the property damaged or destroyed,
whichever is greater.
Sec. 79. (1) A person who uses, arranges, places, devises, or
distributes an inflammable, combustible, or explosive material,
liquid, or substance or any device in or near a building,
structure, other real property, or personal property with the
intent to commit arson in any degree or who aids, counsels,
induces, persuades, or procures another to do so is guilty of a
crime as follows:
(a) If the property has a combined value of less than $200.00,
the person 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 combined value of the property damaged or destroyed,
whichever is greater, or both imprisonment and a fine.
(b) If any of the following apply, the person 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 combined value of
the property damaged or destroyed, whichever is greater, or both
imprisonment and a fine:
(i) The property has a combined value of $200.00 or more but
less than $1,000.00.
(ii) The person violates subdivision (a) and 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.
(c) If any of the following apply, the person 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 combined value of
the property damaged or destroyed, whichever is greater, or both
imprisonment and a fine:
(i) The property has a combined value of $1,000.00 or more but
less than $20,000.00.
(ii) The person violates subdivision (b)(i) and has 1 or more
prior convictions for violating or attempting to violate this
section. For purposes of this subparagraph, however, a prior
conviction does not include a conviction for a violation or
attempted violation of subdivision (a) or (b)(ii).
(iii) Except as provided in subdivisions (d) and (e), the
property is a building, structure, or real property. This
subparagraph applies regardless of whether the person owns the
building, structure, or other real property.
(d) If any of the following apply, the person 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 combined value of
the property damaged or destroyed, whichever is greater, or both
imprisonment and a fine:
(i) The property has a combined value of $20,000.00 or more.
(ii) The person violates subdivision (c)(i) and has 2 or more
prior convictions for committing or attempting to commit an offense
under this section. For purposes of this subparagraph, however, a
prior conviction does not include a conviction for committing or
attempting to commit an offense for a violation or attempted
violation of subdivision (a) or (b)(ii).
(iii) The property has a value of more than $2,000.00 and is
insured
against loss by fire or explosion and the person caused the
fire
or explosion with the intent intended
to defraud the insurer.
(iv) Except as provided in subdivisions (c)(iii) and (e) and
subparagraphs (v) and (vi), the property is a building, structure,
or other real property, and the fire or explosion results in injury
to any individual. This subparagraph applies regardless of whether
the person owns the building, structure, or other real property.
(v) Except as provided in subdivisions (c)(iii) and (e) and
subparagraph (vi), the property is a building, structure, or other
real property and insured against loss from fire or explosion, and
the
person caused the fire or explosion with the intent intended to
defraud the insurer. This subparagraph applies regardless of
whether the person owns the building, structure, or other real
property.
(vi) The property is a dwelling. This subparagraph applies
regardless of whether the person owns the dwelling.
(e) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 15 years or a
fine of not more than $20,000.00 or 3 times the combined value of
the property intended to be burned or destroyed, whichever is
greater, or both imprisonment and a fine:
(i) The property is a dwelling and is insured against loss by
fire
or explosion if and the person caused the fire or explosion
with
the intent intended to defraud the insurer. This subparagraph
applies regardless of whether the person owns the property.
(ii) The property is a dwelling and the fire or explosion
results in physical injury to any individual.
(2) The combined value of property intended to be burned 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 damaged or destroyed.
(3) 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) The total value of property damaged or destroyed.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(4) 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 under 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
