Bill Text: MI SB1180 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Crimes; stolen property; receiving and concealing stolen property; include veteran memorial tombstones and veteran cemetery markers. Amends sec. 535 of 1931 PA 328 (MCL 750.535).

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2016-11-29 - Referred To Committee On Judiciary [SB1180 Detail]

Download: Michigan-2015-SB1180-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1180

 

 

November 29, 2016, Introduced by Senators PROOS, HANSEN, JONES, KOWALL, MARLEAU, PAVLOV, MACGREGOR, EMMONS and KNOLLENBERG and referred to the Committee on Judiciary.

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 535 (MCL 750.535), as amended by 2014 PA 221.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 535. (1) A person shall not buy, receive, possess,

 

conceal, or aid in the concealment of stolen, embezzled, or

 

converted money, goods, veteran memorial tombstones or other

 

veteran cemetery markers, or any other property knowing, or having

 

reason to know or reason to believe, that the money, goods, or

 

property it is stolen, embezzled, or converted.

 

     (2) If any of the following apply, a person who violates

 

subsection (1) 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 purchased, received, possessed, or

 

concealed, whichever is greater, or both imprisonment and a fine:

 

     (a) The property purchased, received, possessed, or concealed

 

has a value of $20,000.00 or more.

 

     (b) The property purchased, received, possessed, or concealed

 

has a value of $1,000.00 or more but less than $20,000.00, and the

 

person 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, a person who violates

 

subsection (1) 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 purchased, received, possessed, or

 

concealed, whichever is greater, or both imprisonment and a fine:

 

     (a) The property purchased, received, possessed, or concealed

 

has a value of $1,000.00 or more but less than $20,000.00.

 

     (b) The property purchased, received, possessed, or concealed

 

has a value of $200.00 or more but less than $1,000.00, and the

 

person 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, a person who violates

 

subsection (1) 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 purchased, received,

 

possessed, or concealed, whichever is greater, or both imprisonment

 

and a fine:

 

     (a) The property purchased, received, possessed, or concealed

 

has a value of $200.00 or more but less than $1,000.00.

 

     (b) The property purchased, received, possessed, or concealed

 

has a value of less than $200.00, and the person 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 purchased, received, possessed, or

 

concealed has a value of less than $200.00, a person who violates

 

subsection (1) 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 purchased, received,

 

possessed, or concealed, whichever is greater, or both imprisonment

 

and a fine.

 

     (6) The values of property purchased, received, possessed, or

 

concealed 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 purchased, received, possessed, or

 

concealed.

 

     (7) A person shall not buy, receive, possess, conceal, or aid

 

in the concealment of a stolen motor vehicle knowing, or having

 

reason to know or reason to believe, that the motor vehicle is

 

stolen, embezzled, or converted. Except as provided in subsection


(8), a person who violates this subsection 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 motor vehicle

 

purchased, received, possessed, or concealed, whichever is greater,

 

or both imprisonment and a fine. A person who is charged with,

 

convicted of, or punished for a violation of this subsection shall

 

not be convicted of or punished for a violation of another

 

provision of this section arising from the purchase, receipt,

 

possession, concealment, or aiding in the concealment of the same

 

motor vehicle. This subsection does not prohibit the person from

 

being charged, convicted, or punished under any other applicable

 

law.

 

     (8) A person who violates subsection (7) and has 1 or more

 

prior convictions for committing or attempting to commit an offense

 

under this section, other than a violation of subsection (4)(b) or

 

(5), 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 vehicle purchased, received, possessed, or concealed,

 

whichever is greater, or both imprisonment and a fine.

 

     (9) 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.

 

     (10) A person who is a dealer in or collector of merchandise

 

or personal property, or the agent, employee, or representative of

 

a dealer or collector of merchandise or personal property who fails

 

to reasonably inquire whether the person selling or delivering the

 

stolen, embezzled, or converted property to the dealer or collector

 

has a legal right to do so or who buys or receives stolen,

 

embezzled, or converted property that has a registration, serial,

 

or other identifying number altered or obliterated on an external

 

surface of the property, is presumed to have bought or received the

 

property knowing the property is stolen, embezzled, or converted.

 

This presumption is rebuttable.

 

     (11) 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.

 

     (12) It is not a defense to a charge under this section that

 

the property was not stolen, embezzled, or converted property at

 

the time of the violation if the property was explicitly

 

represented to the accused person as being stolen, embezzled, or

 

converted property.


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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