Bill Text: MI HB5461 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of unemployment compensation fraud involving a knowing false misrepresentation of $3,500.00 to $25,000.00; enact. Amends sec. 14c, ch. XVII of 1927 PA 175 (MCL 777.14c).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2012-12-31 - Assigned Pa 477'12 With Immediate Effect 2012 Addenda [HB5461 Detail]

Download: Michigan-2011-HB5461-Chaptered.html

Act No. 477

Public Acts of 2012

Approved by the Governor

December 22, 2012

Filed with the Secretary of State

December 27, 2012

EFFECTIVE DATE: December 27, 2012

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Shaughnessy, LaFontaine, Muxlow, Goike, Callton and Shirkey

ENROLLED HOUSE BILL No. 5461

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 14c of chapter XVII (MCL 777.14c), as added by 2002 PA 29.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 14c. This chapter applies to the following felonies enumerated in chapter 421 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

421.54(a)(ii)(B) Property H Unemployment comp fraud — failure to comply with act/rule $25,000-$100,000 2

421.54(a)(ii)(C) Property G Unemployment comp fraud — failure to comply with act/rule over $100,000 5

421.54(a)(iv)(B) Property H Unemployment comp fraud — willful violation of act/rule over $100,000 2

421.54(b)(ii)(B) Property H Unemployment comp fraud — false statement or misrepresentation over $25,000 2

421.54(b)(ii)(C) Property H Unemployment comp fraud — false statement or misrepresentation without actual loss 2

421.54(d) Property H Unemployment comp fraud — disclose confidential information for financial gain 1

421.54(m) Property H Unemployment comp fraud — knowing false statement or representation or failure to disclose material fact $3,500 - $25,000 1

421.54a Property G Unemployment comp fraud — false statement as condition of employment 10

421.54b(1)(b)(i) Property H Unemployment comp fraud — conspiracy with loss of $25,000 or less 2

421.54b(1)(b) (ii) Property G Unemployment comp fraud — conspiracy with loss over $25,000 5

421.54b(1)(b) (iii) Property H Unemployment comp fraud — conspiracy with no actual loss 2

421.54c(1)(b) (ii) Property H Unemployment comp fraud — embezzlement of $25,000 to under $100,000 2

421.54c(1)(b) (iii) Property G Unemployment comp fraud — embezzlement of $100,000 or more 5

421.54c(1)(b) (iv) Property H Unemployment comp fraud — embezzlement with no actual loss 2

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor