Bill Text: MI SB0343 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Criminal procedure; sentencing guidelines; offense variable points pertaining to crimes against vulnerable adults; increase, and allow for consecutive sentencing. Amends secs. 39, 40, 43 & 46, ch. XVII of 1927 PA 175 (MCL 777.39 et seq.) & adds sec. 36a to ch. IX.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2009-03-05 - Referred To Committee On Judiciary [SB0343 Detail]

Download: Michigan-2009-SB0343-Introduced.html

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SENATE BILL No. 343

 

 

March 5, 2009, Introduced by Senators ANDERSON, BARCIA, BASHAM, GLEASON, RICHARDVILLE, PRUSI, WHITMER, OLSHOVE, PAPPAGEORGE, BIRKHOLZ, HUNTER, JACOBS, SCOTT, CLARK-COLEMAN and SWITALSKI and referred to the Committee on Judiciary.

 

 

      A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending sections 39, 40, 43, and 46 of chapter XVII (MCL

 

777.39, 777.40, 777.43, and 777.46), section 39 as amended by

 

2006 PA 548, section 40 as added by 1998 PA 317, section 43 as

 

amended by 2008 PA 562, and section 46 as amended by 1999 PA 227,

 

and by adding section 36a to chapter IX.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                            CHAPTER IX

 

 2        Sec. 36a. If a person is charged with and convicted of more

 

 3  than 1 crime against a vulnerable adult as that term is defined

 

 4  under section 145m of the Michigan penal code, 1931 PA 328, MCL

 

 5  750.145m, the court may order the terms of imprisonment to be

 

 6  served consecutively to each other.

 

 7                           CHAPTER XVII

 

 1        Sec. 39. (1) Offense variable 9 is number of victims. Score

 

 2  offense variable 9 by determining which of the following apply

 

 3  and by assigning the number of points attributable to the one 1

 

 4  that has the highest number of points:

 

 

5	(a) Multiple deaths occurred................  100 points
6	(b) There were 10 or more victims who were
7	placed in danger of physical injury or death,
8	or 20 or more victims who were placed in danger
9	of property loss.................................   25 points
10	(c) There were 2 to 9 victims who were
11	placed in danger of physical injury or death, or
12	4 to 19 victims who were placed in danger of
13	property loss....................................   10 points
14	(d) There were fewer than 2 victims who were
15	placed in danger of physical injury or death,
16	or fewer than 4 victims who were placed in danger
17	of property loss..................................    0 points

 

 

18        (2) All of the following apply to scoring offense variable

 

19  9:

 

20        (a) Count each person who was placed in danger of physical

 

21  injury or loss of life or property as a victim.

 

22        (b) Score 100 points only in homicide cases.

 

23        Sec. 40. (1) Offense variable 10 is exploitation of a

 

24  vulnerable victim. Score offense variable 10 by determining which

 

25  of the following apply and by assigning the number of points

 

26  attributable to the one that has the highest number of points:

 

 

1	(a) Predatory conduct toward a vulnerable
2	adult was involved................................  40 points
3	(b) (a) Predatory conduct toward a victim
4	other than a vulnerable adult was involved........  15 points
5	(c) (b) The offender exploited a victim's
6	physical disability, mental disability, youth or
7	agedness, or a domestic relationship, or the
8	offender abused his or her authority status.......  10 20 points
9	(d) (c) The offender exploited a victim by
10	his or her difference in size or strength, or
11	both, or exploited a victim who was intoxicated,
12	under the influence of drugs, asleep, or
13	unconscious.......................................   5 points
14	(e) (d) The offender did not exploit a
15	victim's vulnerability............................   0 points

 

 

16        (2) The mere existence of 1 or more factors described in

 

17  subsection (1) does not automatically equate with victim

 

18  vulnerability.

 

19        (3) As used in this section:

 

20        (a) "Predatory conduct" means preoffense conduct directed at

 

21  a victim for the primary purpose of victimization.

 

22        (b) "Exploit" means to manipulate a victim for selfish or

 

23  unethical purposes.

 

24        (c) "Vulnerability" means the readily apparent

 

25  susceptibility of a victim to injury, physical restraint,

 

26  persuasion, or temptation.

 

27        (d) "Abuse of authority status" means a victim was exploited

 

28  out of fear or deference to an authority figure, including, but

 

 1  not limited to, a parent, physician, or teacher.

 

 2        Sec. 43. (1) Offense variable 13 is continuing pattern of

 

 3  criminal behavior. Score offense variable 13 by determining which

 

 4  of the following apply and by assigning the number of points

 

 5  attributable to the one that has the highest number of points:

 

 

6	(a) The offense was part of a pattern of
7	felonious criminal activity involving 3 or more
8	sexual penetrations against a person or persons less
9	than 13 years of age ................................  50 points
10	(b) The offense was part of a pattern of
11	felonious criminal activity against a person or
12	property if the victim is a vulnerable adult.........  50 points
13	(c) (b) The offense was part of a pattern of
14	felonious criminal activity directly related to
15	causing, encouraging, recruiting, soliciting,
16	or coercing membership in a gang or communicating
17	a threat with intent to deter, punish, or retaliate
18	against another for withdrawing from a gang .........  25 points
19	(d) (c) The offense was part of a pattern of
20	felonious criminal activity involving 3 or more
21	crimes against a person .............................  25 points
22	(e) (d) The offense was part of a pattern of
23	felonious criminal activity involving a combination
24	of 3 or more crimes against a person or property or
25	a violation of section 7401(2)(a)(i) to (iii)  or
26	section 7403(2)(a)(i) to (iii) of the public health
27	code, 1978 PA 368, MCL 333.7401 and 333.7403 ........  10 points
28	(f) (e) The offense was part of a pattern of
29	felonious criminal activity involving a combination
30	of 3 or more violations of section 7401(2)(a)(i) to

1	(iii) or section 7403(2)(a)(i) to (iii)  of the public
2	health code, 1978 PA 368, MCL 333.7401 and
3	333.7403 ............................................  10 points
4	(g) (f) The offense was part of a pattern of
5	felonious criminal activity involving 3 or more
6	crimes against property .............................   5 points
7	(h) (g) No pattern of felonious criminal activity
8	existed .............................................   0 points

 

 

 9        (2) All of the following apply to scoring offense variable

 

10  13:

 

11        (a) For determining the appropriate points under this

 

12  variable, all crimes within a 5-year period, including the

 

13  sentencing offense, shall be counted regardless of whether the

 

14  offense resulted in a conviction.

 

15        (b) The presence or absence of multiple offenders, the age

 

16  of the offenders, or the degree of sophistication of the

 

17  organized criminal group is not as important as the fact of the

 

18  group's existence, which may be reasonably inferred from the

 

19  facts surrounding the sentencing offense.

 

20        (c) Except for offenses related to membership in an

 

21  organized criminal group or that are gang-related, do not score

 

22  conduct scored in offense variable 11 or 12.

 

23        (d) Score 50 points only if the sentencing offense is first

 

24  degree criminal sexual conduct or the victim is a vulnerable

 

25  adult.

 

26        (e) Do not count more than 1 controlled substance offense

 

27  arising out of the criminal episode for which the person is being

 

 1  sentenced.

 

 2        (f) Do not count more than 1 crime involving the same 1

 

 3  controlled substance. For example, do not count conspiracy and a

 

 4  substantive offense involving the same amount of controlled

 

 5  substances or possession and delivery of the same amount of

 

 6  controlled substances.

 

 7        Sec. 46. (1) Offense variable 16 is property obtained,

 

 8  damaged, lost, or destroyed. Score offense variable 16 by

 

 9  determining which of the following apply and by assigning the

 

10  number of points attributable to the one that has the highest

 

11  number of points:

 

 

12	(a) The property stolen deprives a vulnerable
13	adult of all income other than government
14	assistance........................................  50 points
15	(b) (a) Wanton or malicious damage occurred
16	beyond that necessary to commit the crime for
17	which the offender is not charged and will not be
18	charged...........................................  10 points
19	(c) (b) The property had a value of more than
20	$20,000.00 or had significant historical, social,
21	or sentimental value..............................  10 20 points
22	(d) (c) The property had a value of $1,000.00
23	or more but not more than $20,000.00..............   5 points
24	(e) (d) The property had a value of $200.00
25	or more but not more than $1,000.00...............    1 point
26	(f) (e) No property was obtained, damaged,
27	lost, or destroyed or the property had a value of
28	less than $200.00.................................   0 points

 

 

 1        (2) All of the following apply to scoring offense variable

 

 2  16:

 

 3        (a) In multiple offender or victim cases, the appropriate

 

 4  points may be determined by adding together the aggregate value

 

 5  of the property involved, including property involved in

 

 6  uncharged offenses or charges dismissed under a plea agreement.

 

 7        (b) In cases in which the property was obtained unlawfully,

 

 8  lost to the lawful owner, or destroyed, use the value of the

 

 9  property in scoring this variable. If the property was damaged,

 

10  use the monetary amount appropriate to restore the property to

 

11  pre-offense condition in scoring this variable.

 

12        (c) The amount of money or property involved in admitted but

 

13  uncharged offenses or in charges that have been dismissed under a

 

14  plea agreement may be considered.