Bill Text: MI SB1209 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Criminal procedure; sentencing guidelines; offense variable 10 related to the exploitation of a vulnerable victim; expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim. Amends sec. 40, ch. XVII of 1927 PA 175 (MCL 777.40).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-11-08 - Referred To Committee On Judiciary [SB1209 Detail]

Download: Michigan-2011-SB1209-Engrossed.html

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SB-1209, As Passed Senate, October 17, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1209

 

 

July 18, 2012, Introduced by Senator CASPERSON and referred to the Committee on Judiciary.

 

 

 

      A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 40 of chapter XVII (MCL 777.40), as added by

 

1998 PA 317.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                           CHAPTER XVII

 

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

 

 3  vulnerable victim. Score offense variable 10 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) Predatory conduct was involved.............  15 points
7	(b) The offender exploited a victim's physical
8	disability, mental disability, youth or agedness,
9	or a domestic relationship, or the offender abused

1	his or her authority status.........................  10 points
2	(c) The offender exploited a victim by his or
3	her difference in size or strength, or both, or
4	exploited a victim who was intoxicated, under the
5	influence of drugs, asleep, or unconscious..........   5 points
6	(d) The offender did not exploit a victim's
7	vulnerability.......................................   0 points

 

 

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

 

 9  subsection (1) does not automatically equate with victim

 

10  vulnerability.

 

11        (3) As used in this section:

 

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

 

13  a victim, or a law enforcement officer posing as a potential

 

14  victim, for the primary purpose of victimization.

 

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

 

16  unethical purposes.

 

17        (c) "Vulnerability" means the readily apparent

 

18  susceptibility of a victim to injury, physical restraint,

 

19  persuasion, or temptation.

 

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

 

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

 

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

    <<Enacting section 1. This amendatory act takes effect March 1, 2013.>>