Bill Text: MI HB6310 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; other; crimes against elder adults; increase penalties for certain crimes against a person over 65 years of age. Amends heading of ch. XXA of 1931 PA 328 (MCL 750.1 - 750.568) & adds sec. 145s.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-09-06 - Bill Electronically Reproduced 09/05/2018 [HB6310 Detail]
Download: Michigan-2017-HB6310-Introduced.html
HOUSE BILL No. 6310
September 5, 2018, Introduced by Rep. Neeley and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by amending the heading of chapter XXA and
by adding section 145s.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XXA
VULNERABLE ADULTS AND ELDER ADULTS
Sec. 145s. (1) Except as otherwise provided in this section, a
person who assaults another person that he or she knows or
reasonably should know is an elder adult or vulnerable adult is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of up to $1,000.00, or both.
(2) If a violation of subsection (1) causes physical injury,
pain, or mental suffering, the person is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.
(3) If a violation of subsection (1) causes serious impairment
of a body function, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than
$10,000.00, or both.
(4) If a violation of subsection (1) causes the death of the
other person, the person is guilty of a felony punishable by
imprisonment for not more than 25 years or a fine of not more than
$25,000.00, or both.
(5) A person who restrains an elder adult or a vulnerable
adult by the use of violence, menace, fraud, or deceit is guilty of
a felony punishable by imprisonment for not more than 4 years or a
fine of not more than $5,000.00, or both.
(6) A person shall not through fraud, deceit,
misrepresentation, coercion, or unjust enrichment obtain or use or
attempt to obtain or use an elder adult's money or property to
directly or indirectly benefit that person knowing or having reason
to know the elder adult is a vulnerable adult.
(7) If the money or property used or obtained, or attempted to
be used or obtained, has a 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
value of the money or property used or obtained or attempted to be
used or obtained, whichever is greater, or both imprisonment and a
fine.
(8) 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 value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $200.00 or more but less than
$1,000.00.
(b) The person violates subsection (7) and has 1 or more prior
convictions for committing or attempting to commit an offense under
subsections (6) to (12).
(9) 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 value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $1,000.00 or more but less than
$20,000.00.
(b) The person violates subsection (8)(a) and has 1 or more
prior convictions for committing or attempting to commit an offense
under subsections (6) to (12). For purposes of this subdivision,
however, a prior conviction does not include a conviction for a
violation or attempted violation of subsection (7) or (8)(b).
(10) 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 value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $20,000.00 or more but less than
$50,000.00.
(b) The person violates subsection (9)(a) and has 2 or more
prior convictions for committing or attempting to commit an offense
under subsections (6) to (12). For purposes of this subdivision,
however, a prior conviction does not include a conviction for a
violation or attempted violation of subsection (7) or (8)(b).
(11) 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 $15,000.00 or 3 times the value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $50,000.00 or more but less than
$100,000.00.
(b) The person violates subsection (10)(a) and has 2 or more
prior convictions for committing or attempting to commit an offense
under subsections (6) to (12). For purposes of this subdivision,
however, a prior conviction does not include a conviction for a
violation or attempted violation of subsection (7) or (8)(b).
(12) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 20 years or a
fine of not more than $50,000.00 or 3 times the value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $100,000.00 or more.
(b) The person violates subsection (11)(a) and has 2 or more
prior convictions for committing or attempting to commit an offense
under subsections (6) to (12). For purposes of this subdivision,
however, a prior conviction does not include a conviction for a
violation or attempted violation of subsection (7) or (8)(b).
(13) Except as otherwise provided in this subsection, the
values of money or property used or obtained or attempted to be
used or obtained 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 money or personal property used or
obtained or attempted to be used or obtained. If the scheme or
course of conduct is directed against only 1 person, no time limit
applies to aggregation under this subsection.
(14) 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 must 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.
(15) If the sentence for a conviction under subsections (6) to
(12) is enhanced by 1 or more prior convictions, those prior
convictions must 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.
(16) A financial institution or a broker or a director,
officer, employee, or agent of a financial institution or broker is
not in violation of subsections (6) to (12) while performing duties
in the normal course of business of a financial institution or
broker or a director, officer, employee, or agent of a financial
institution or broker.
(17) This section does not prohibit a person from being
charged with, convicted of, or punished for any other violation of
law arising out of the same transaction as the violation of this
section.
(18) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime, including any other
violation of law arising out of the same transaction as the
violation of this section.
(19) If the office of services to the aging becomes aware of a
violation of this section, the office of services to the aging
shall promptly report the violation to the department of health and
human services.
(20) As used in this section:
(a) "Broker" means that term as defined in section 8102 of the
uniform commercial code, 1962 PA 174, MCL 440.8102.
(b) "Elder adult" means a person who is 65 years of age or
older.
(c) "Financial institution" means a bank, credit union, saving
bank, or a savings and loan chartered under state or federal law or
an affiliate of a bank, credit union, saving bank, or savings and
loan chartered under state or federal law.
(d) "Restrains" means to restrict a person's movements or to
confine the person so as to interfere with that person's liberty
without that person's consent or without legal authority. The
restraint does not have to exist for any particular length of time
and may be related or incidental to the commission of other
criminal acts.
(e) "Serious impairment of a body function" means that term as
defined in section 58c of the Michigan vehicle code, 1949 PA 300,
MCL 257.58c.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
