IMPERSONATING A UTILITY EMPLOYEE - S.B. 6 (S-1): FLOOR ANALYSIS

Senate Bill 6 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor: Senator Loren Bennett

Committee: Judiciary

CONTENT

The bill would amend the Michigan Penal Code to prohibit the impersonation of a "public utility" employee to gain or attempt to gain entry to a residence, building, structure, facility, or other property; remain or attempt to remain in or upon a residence, building, structure, facility, or other property; or commit or attempt to commit a crime. "Public utility" would mean a utility that provided steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether the utility was privately, municipally, or cooperatively owned.

An individual who was not employed by a public utility could not inform another person or represent to another person by uniform, identification, or any other means that he or she was employed by a public utility in order to gain entry to, or remain, on property, or to commit or attempt a crime.

A violation of the bill would be a felony, punishable by up to two years' imprisonment, a maximum fine of $1,000, or both. The sentencing court could impose a term of imprisonment to be served consecutively to any term of imprisonment imposed for a conviction of a crime or attempted crime arising out of the same transaction or resulting from the violation of the bill.

The bill would take effect on June 1, 1997.

Proposed MCL 750.217b - Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill could result in increased costs for the Department of Corrections.

The potential two-year prison sentence for the conviction of a person for impersonating a public utility employee in order to commit a crime could increase costs of incarceration for the Department of Corrections. While there are no data currently available that might indicate the potential number of annual convictions, if one assumes an increase of five annual convictions, two receiving a one-year sentence each, costs could increase by approximately $30,000 per year. This assumes that judges would continue to sentence individuals in the same manner for the underlying crime for which the person impersonating the utility employee was convicted.

Date Completed: 2-18-97 - Fiscal Analyst: M. Hansen

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.