S.B. 6: COMMITTEE SUMMARY - IMPERSONATING A UTILITY EMPLOYEE

Senate Bill 6 (as introduced 1-8-97)

Date Completed: 2-5-97

CONTENT

The bill would amend the Michigan Penal Code to prohibit the impersonation of a "public utility" employee to commit or attempt a crime, and establish a mandatory term of imprisonment for a violation of that prohibition. "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 not employed by a public utility could not inform another person that he or she was employed by a public utility or represent to another person by uniform, identification card, or any other means that he or she was employed by a public utility in order to commit or attempt to commit a crime. A violation of the bill would be a felony and an offender would have to be punished by two years' imprisonment.

A prison term imposed under the bill could not be suspended, would be in addition to a sentence imposed for a conviction of the underlying crime or attempted crime, and would have to be served consecutively to and preceding any term of imprisonment for the underlying conviction. A person subject to a sentence mandated under the bill would not be eligible for parole or probation during the mandatory term.

Proposed MCL 750.217b - Legislative Analyst: P. Affholter

FISCAL IMPACT

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

The mandatory two-year prison sentence required 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 prison admissions, each receiving a two-year sentence, costs could increase by approximately $150,000 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.

- Fiscal Analyst: M. Hansen

S9798\S6SA

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.