Bill Text: MI SB0679 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; defenses; rebuttable presumption for larceny of metal under certain circumstances; provide for. Amends sec. 356 of 1931 PA 328 (MCL 750.356).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-12-05 - Referred To Committee On Regulatory Reform [SB0679 Detail]
Download: Michigan-2013-SB0679-Engrossed.html
SB-0679, As Passed Senate, December 5, 2013
SENATE BILL No. 679
November 13, 2013, Introduced by Senators SMITH and ANANICH and referred to the Committee on Economic Development.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 356 (MCL 750.356), as amended by 2008 PA 431.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 356. (1) A person who commits larceny by stealing any of
the following property of another person is guilty of a crime as
provided in this section:
(a) Money, goods, or chattels.
(b) A bank note, bank bill, bond, promissory note, due bill,
bill of exchange or other bill, draft, order, or certificate.
(c) A book of accounts for or concerning money or goods due,
to become due, or to be delivered.
(d) A deed or writing containing a conveyance of land or other
valuable contract in force.
(e) A receipt, release, or defeasance.
(f) A writ, process, or public record.
(g)
Nonferrous Any metal.
(2) 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
property stolen, whichever is greater, or both imprisonment and a
fine:
(a) The property stolen has a value of $20,000.00 or more.
(b) The person violates subsection (3)(a) and 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 (4)(b) or (5).
(3) 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
property stolen, whichever is greater, or both imprisonment and a
fine:
(a) The property stolen has a value of $1,000.00 or more but
less than $20,000.00.
(b) The person violates subsection (4)(a) and 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 (4)(b) or (5).
(4) 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
property stolen, whichever is greater, or both imprisonment and a
fine:
(a) The property stolen has a value of $200.00 or more but
less than $1,000.00.
(b) The person violates subsection (5) 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.
(5) If the property stolen 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 property stolen, whichever is greater, or
both imprisonment and a fine.
(6)
If the property stolen is nonferrous any metal, then, as
used in this section, "the value of the property stolen" means the
greatest of the following:
(a)
The replacement cost of the stolen nonferrous metal.
(b) The cost of repairing the damage caused by the larceny of
the
nonferrous metal.
(c) The sum of subdivisions (a) and (b).
(7) The values of property stolen 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
stolen.
Senate Bill No. 679 as amended December 5, 2013
(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.
(10)
As used in this section, "nonferrous metal" means a metal
that
does not contain significant quantities of ferrous metal but
contains
copper, brass, platinum-based metals, aluminum, bronze,
lead,
zinc, nickel, or alloys of those metals.It is a rebuttable
presumption <<in a prosecution under this section that a PERSON
who removes or attempts to remove metal from a building or
structure and is unable to produce a valid copy of an applicable
Senate Bill No. 679 as amended December 5, 2013
building or demolition permit>> does not have the permission of the
owner to remove or attempt to remove that metal if any of the
following apply:
(a) The metal has a scrap value of $100.00 or more at the time
of the alleged violation.
(b) The metal has a total combined weight of 100 pounds or
more.
(c) The metal is or was secured to that building or structure
by a nail, screw, bolt, or other means of fastening.
(d) The metal is or was enclosed within a wall, ceiling, or
floor of that building or structure.
