HOUSE BILL No. 4609


     April 9, 1997, Introduced by Rep. Profit and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 356, 356a, 356c, 356d, 362a, 377a, 380, 387,

   and 535 (MCL 750.356, 750.356a, 750.356c, 750.356d, 750.362a,

   750.377a, 750.380, 750.387, and 750.535), sections 356c and 356d

   as added by 1988 PA 20.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 356.  (1)  Any  A person who  shall commit the offense

 2     of  COMMITS larceny  ,  by stealing  ,  ANY of the FOLLOWING

 3    property of another  , any money  PERSON IS GUILTY OF A CRIME AS

 4    PROVIDED IN THIS SECTION:

 5         (A) MONEY, goods, or chattels.  , or any 

 6         (B) A bank note, bank bill, bond, promissory note, due bill,

 7    bill of exchange or other bill, draft, order, or certificate.  ,

 8     or any 


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 1         (C) A book of accounts for or concerning money or goods due,

 2     or  to become due, or to be delivered.  or any 

 3         (D) A deed or writing containing a conveyance of land  , or

 4     any  OR other valuable contract in force.  , or any 

 5         (E) A receipt, release, or defeasance.  , or any 

 6         (F) A writ, process, or public record.  , if the property

 7     stolen exceed the value of $100.00, shall be 

 8         (2) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

 9    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A

10    FINE OF NOT MORE THAN $15,000.00 OR 3 TIMES THE VALUE OF THE

11    PROPERTY STOLEN, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A

12    FINE:

13         (A) THE PROPERTY STOLEN HAS A VALUE OF $20,000.00 OR MORE.

14         (B) THE PERSON VIOLATES SUBSECTION (3)(A) AND HAS 2 OR MORE

15    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

16    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

17    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

18    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

19         (3) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS guilty of a

20    felony  ,  punishable by imprisonment  in the state prison  FOR

21    not more than 5 years or  by  A fine of not more than

22     $2,500.00.  $10,000.00 OR 3 TIMES THE VALUE OF THE PROPERTY

23    STOLEN, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

24         (A) THE PROPERTY STOLEN HAS A VALUE OF $1,000.00 OR MORE BUT

25    LESS THAN $20,000.00.

26         (B) THE PERSON VIOLATES SUBSECTION (4)(A) AND HAS 1 OR MORE

27    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN



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 1    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

 2    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

 3    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

 4         (4) If any of the following apply, the person is guilty of a

 5    misdemeanor punishable by imprisonment for not more than 1 year

 6    or a fine of not more than $2,000.00 or 3 times the value of the

 7    property stolen, whichever is greater, or both imprisonment and a

 8    fine:

 9         (a) The property stolen has a value of $200.00 or more but

10    less than $1,000.00.

11         (b) The person violates subsection (5) and has 1 or more

12    prior convictions for committing or attempting to commit an

13    offense under this section or a local ordinance substantially

14    corresponding to this section.

15         (5) If the property stolen  shall be of the  HAS A value of

16     $100.00 or  less THAN $200.00,  such  THE person  shall be  IS

17    guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE

18    THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00 OR 3 TIMES THE

19    VALUE OF THE PROPERTY STOLEN, WHICHEVER IS GREATER, OR BOTH

20    IMPRISONMENT AND A FINE.

21         (6) THE VALUES OF PROPERTY STOLEN IN SEPARATE INCIDENTS PUR-

22    SUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY 12-MONTH PERIOD

23    MAY BE AGGREGATED TO DETERMINE THE TOTAL VALUE OF PROPERTY

24    STOLEN.

25         (7) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

26    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR

27    CONVICTIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE



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 1    COMPLAINT AND INFORMATION A STATEMENT LISTING THE PRIOR

 2    CONVICTION OR CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S

 3    PRIOR CONVICTION OR CONVICTIONS SHALL BE DETERMINED BY THE COURT,

 4    WITHOUT A JURY, AT SENTENCING OR AT A SEPARATE HEARING FOR THAT

 5    PURPOSE BEFORE SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION

 6    MAY BE ESTABLISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE,

 7    INCLUDING, BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 8         (A) A COPY OF THE JUDGMENT OF CONVICTION.

 9         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

10    SENTENCING.

11         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

12         (D) THE DEFENDANT'S STATEMENT.

13         Sec. 356a.  (1)  Any  A person who  shall commit the offense

14     of  COMMITS larceny by stealing or unlawfully removing or taking

15    any wheel, tire, radio,  heater or  STEREO, clock, TELEPHONE,

16    COMPUTER, OR OTHER ELECTRONIC DEVICE in or on any motor vehicle,

17    house trailer, trailer, or semi-trailer  , shall be  IS guilty of

18    a felony  ,  punishable by  a fine not to exceed $1,000.00, or

19     by  imprisonment  in the state prison  FOR not more than 5 years

20    OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH.

21         (2)  Any  EXCEPT AS PROVIDED IN SUBSECTION (3), A person who

22     shall enter  ENTERS or  break  BREAKS into  any  A motor vehi-

23    cle, house trailer, trailer, or semi-trailer  , for the purpose

24     of stealing  TO STEAL or unlawfully  removing therefrom any

25     goods, chattels or  REMOVE property  of the value of not less

26     than $5.00, or who shall break or enter into any motor vehicle,

27     house trailer, trailer or semi-trailer, for the purpose of



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 1    stealing or unlawfully removing therefrom any goods, chattels or

 2     property regardless of the value thereof if in so doing such 

 3    FROM IT IS GUILTY OF A CRIME AS FOLLOWS:

 4         (A) IF THE VALUE OF THE PROPERTY IS LESS THAN $200.00, THE

 5    PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

 6    NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00 OR 3

 7    TIMES THE VALUE OF THE PROPERTY, WHICHEVER IS GREATER, OR BOTH

 8    IMPRISONMENT AND A FINE.

 9         (B) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

10    MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR

11    OR A FINE OF NOT MORE THAN $2,000.00 OR 3 TIMES THE VALUE OF THE

12    PROPERTY, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

13         (i) THE VALUE OF THE PROPERTY IS $200.00 OR MORE BUT LESS

14    THAN $1,000.00.

15         (ii) THE PERSON VIOLATES SUBDIVISION (A) AND HAS 1 OR MORE

16    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

17    OFFENSE UNDER THIS SECTION OR A LOCAL ORDINANCE SUBSTANTIALLY

18    CORRESPONDING TO THIS SECTION.

19         (C) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

20    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A

21    FINE OF NOT MORE THAN $10,000.00 OR 3 TIMES THE VALUE OF THE

22    PROPERTY, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

23         (i) THE VALUE OF THE PROPERTY IS $1,000.00 OR MORE BUT LESS

24    THAN $20,000.00.

25         (ii) THE PERSON VIOLATES SUBDIVISION (B)(i) AND HAS 1 OR

26    MORE PRIOR CONVICTIONS FOR VIOLATING OR ATTEMPTING TO VIOLATE

27    THIS SECTION.  FOR PURPOSES OF THIS SUBPARAGRAPH, HOWEVER, A



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 1    PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A VIOLATION OR

 2    ATTEMPTED VIOLATION OF SUBDIVISION (A) OR (B)(ii).

 3         (D) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

 4    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A

 5    FINE OF NOT MORE THAN $15,000.00 OR 3 TIMES THE VALUE OF THE

 6    PROPERTY, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

 7         (i) THE PROPERTY HAS A VALUE OF $20,000.00 OR MORE.

 8         (ii) THE PERSON VIOLATES SUBDIVISION (C)(i) AND HAS 2 OR

 9    MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

10    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBPARAGRAPH,

11    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

12    VIOLATION OR ATTEMPTED VIOLATION OF SUBDIVISION (A) OR (B)(ii).

13         (3) A person WHO VIOLATES SUBSECTION (2)(A) OR (B) AND WHO

14    breaks, tears, cuts, or otherwise damages any part of  such  THE

15    motor vehicle, house trailer, trailer, or semi-trailer  , shall

16     be  IS guilty of a felony  ,  punishable by  a fine not to exceed

17     $1,000.00, or by  imprisonment  in the state prison  FOR not more

18    than 5 years OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH,

19    REGARDLESS OF THE VALUE OF THE PROPERTY.

20         (4) THE VALUES OF PROPERTY STOLEN OR UNLAWFULLY REMOVED IN

21    SEPARATE INCIDENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT

22    WITHIN ANY 12-MONTH PERIOD MAY BE AGGREGATED TO DETERMINE THE

23    TOTAL VALUE OF PROPERTY STOLEN OR UNLAWFULLY REMOVED.

24         (5) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

25    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

26    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

27    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR



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 1    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

 2    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

 3    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

 4    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE ESTAB-

 5    LISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING, BUT

 6    NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 7         (A) A COPY OF THE JUDGMENT OF CONVICTION.

 8         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

 9    SENTENCING.

10         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

11         (D) THE DEFENDANT'S STATEMENT.

12         Sec. 356c.  (1) A person who does any of the following in a

13    store or in its immediate vicinity is guilty of retail fraud in

14    the first degree, a felony punishable by imprisonment for not

15    more than  2  5 years  ,  or a fine of not more than  $1,000.00 

16    $10,000.00 OR 3 TIMES THE VALUE OF THE DIFFERENCE IN PRICE, PROP-

17    ERTY STOLEN, OR MONEY OR PROPERTY OBTAINED OR ATTEMPTED TO BE

18    OBTAINED, WHICHEVER IS GREATER, or both IMPRISONMENT AND A FINE:

19         (a) While a store is open to the public, alters, transfers,

20    removes and replaces, conceals, or otherwise misrepresents the

21    price at which property is offered for sale, with the intent not

22    to pay for the property or to pay less than the price at which

23    the property is offered for sale, if the resulting difference in

24    price is  more than $100.00  $1,000.00 OR MORE.

25         (b) While a store is open to the public, steals property of

26    the store that is offered for sale at a price of  more than

27     $100.00  $1,000.00 OR MORE.



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 1         (c) With intent to defraud, obtains or attempts to obtain

 2    money or property from the store as a refund or exchange for

 3    property that was not paid for and belongs to the store, if the

 4    amount of money  ,  or the value of the property  ,  obtained or

 5    attempted to be obtained is  more than $100.00  $1,000.00 OR

 6    MORE.

 7         (2) A person who violates section  356d  356(D)(1) and WHO

 8    has 1 or more prior convictions FOR COMMITTING OR ATTEMPTING TO

 9    COMMIT AN OFFENSE under this section  ,  OR section 218, 356,

10     356d  356D(1), or 360  , or a local ordinance substantially cor-

11     responding to this section or section 218, 356, 356d, or 360  is

12    guilty of retail fraud in the first degree.  FOR PURPOSES OF THIS

13    SUBSECTION, HOWEVER, PRIOR CONVICTION DOES NOT INCLUDE A CONVIC-

14    TION FOR A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 218(2) OR

15    (3)(B) OR SECTION 356(4)(B) OR (5).

16         (3) THE VALUES OF THE DIFFERENCE IN PRICE, PROPERTY STOLEN,

17    OR MONEY OR PROPERTY OBTAINED OR ATTEMPTED TO BE OBTAINED IN SEP-

18    ARATE INCIDENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN

19    ANY 12-MONTH PERIOD MAY BE AGGREGATED TO DETERMINE THE TOTAL

20    VALUE INVOLVED IN THE OFFENSE UNDER THIS SECTION.

21         (4) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

22    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

23    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

24    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

25    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

26    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

27    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE



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 1    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE

 2    ESTABLISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING,

 3    BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 4         (A) A COPY OF THE JUDGMENT OF CONVICTION.

 5         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

 6    SENTENCING.

 7         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

 8         (D) THE DEFENDANT'S STATEMENT.

 9         (5)  (3)  A person who commits  the crime of  retail fraud

10    in the first degree shall not be prosecuted under  the felony

11     provision of section 356, or under section 218 or 360.  SECTION

12    218(5) OR 356(2).

13         Sec. 356d.  (1) A person who does any of the following in a

14    store or in its immediate vicinity is guilty of retail fraud in

15    the second degree, a misdemeanor punishable by imprisonment for

16    not more than  93 days,  1 YEAR or a fine of not more than

17     $100.00  $2,000.00 OR 3 TIMES THE VALUE OF THE DIFFERENCE IN

18    PRICE, PROPERTY STOLEN, OR MONEY OR PROPERTY OBTAINED OR

19    ATTEMPTED TO BE OBTAINED, WHICHEVER IS GREATER, or both

20    IMPRISONMENT AND A FINE:

21         (a) While a store is open to the public, alters, transfers,

22    removes and replaces, conceals, or otherwise misrepresents the

23    price at which property is offered for sale  ,  with the intent

24    not to pay for the property or to pay less than the price at

25    which the property is offered for sale IF THE RESULTING DIFFER-

26    ENCE IN PRICE IS $200.00 OR MORE BUT LESS THAN $1,000.00.





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 1         (b) While a store is open to the public, steals property of

 2    the store that is offered for sale AT A PRICE OF $200.00 OR MORE

 3    BUT LESS THAN $1,000.00.

 4         (c) With intent to defraud, obtains or attempts to obtain

 5    money or property from the store as a refund or exchange for

 6    property that was not paid for and belongs to the store IF THE

 7    AMOUNT OF MONEY OR THE VALUE OF THE PROPERTY OBTAINED OR

 8    ATTEMPTED TO BE OBTAINED IS $200.00 OR MORE BUT LESS THAN

 9    $1,000.00.

10         (2) A PERSON WHO VIOLATES SUBSECTION (4) AND WHO HAS 1 OR

11    MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

12    OFFENSE UNDER THIS SECTION, SECTION 218, 356, 356C, OR 360, OR A

13    LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO THIS SECTION OR

14    SECTION 218, 356, 356C, OR 360 IS GUILTY OF RETAIL FRAUD IN THE

15    SECOND DEGREE.

16         (3)  (2)  A person who commits  the crime of  retail fraud

17    in the second degree shall not be prosecuted under  the felony

18     provision of section 356, or under  section  218 or  360.

19         (4) A PERSON WHO DOES ANY OF THE FOLLOWING IN A STORE OR IN

20    ITS IMMEDIATE VICINITY IS GUILTY OF RETAIL FRAUD IN THE THIRD

21    DEGREE, A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

22    THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00 OR 3 TIMES THE

23    VALUE OF THE DIFFERENCE IN PRICE, PROPERTY STOLEN, OR MONEY OR

24    PROPERTY OBTAINED OR ATTEMPTED TO BE OBTAINED, WHICHEVER IS

25    GREATER, OR BOTH IMPRISONMENT AND A FINE:

26         (A) WHILE A STORE IS OPEN TO THE PUBLIC, ALTERS, TRANSFERS,

27    REMOVES AND REPLACES, CONCEALS, OR OTHERWISE MISREPRESENTS THE



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 1    PRICE AT WHICH PROPERTY IS OFFERED FOR SALE, WITH THE INTENT NOT

 2    TO PAY FOR THE PROPERTY OR TO PAY LESS THAN THE PRICE AT WHICH

 3    THE PROPERTY IS OFFERED FOR SALE, IF THE RESULTING DIFFERENCE IN

 4    PRICE IS LESS THAN $200.00.

 5      (B) WHILE A STORE IS OPEN TO THE PUBLIC, STEALS PROPERTY OF

 6    THE STORE THAT IS OFFERED FOR SALE AT A PRICE OF LESS THAN

 7    $200.00.

 8         (C) WITH INTENT TO DEFRAUD, OBTAINS OR ATTEMPTS TO OBTAIN

 9    MONEY OR PROPERTY FROM THE STORE AS A REFUND OR EXCHANGE FOR

10    PROPERTY THAT WAS NOT PAID FOR AND BELONGS TO THE STORE, IF THE

11    AMOUNT OF MONEY, OR THE VALUE OF THE PROPERTY, OBTAINED OR

12    ATTEMPTED TO BE OBTAINED IS LESS THAN $200.00.

13         (5) A PERSON WHO COMMITS RETAIL FRAUD IN THE THIRD DEGREE

14    SHALL NOT BE PROSECUTED UNDER SECTION 360.

15         (6) THE VALUES OF THE DIFFERENCE IN PRICE, PROPERTY STOLEN,

16    OR MONEY OR PROPERTY OBTAINED OR ATTEMPTED TO BE OBTAINED IN SEP-

17    ARATE INCIDENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN

18    ANY 12-MONTH PERIOD MAY BE AGGREGATED TO DETERMINE THE TOTAL

19    VALUE INVOLVED IN THE OFFENSE UNDER THIS SECTION.

20         (7) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

21    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

22    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

23    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

24    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

25    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

26    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

27    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE



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 1    ESTABLISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING,

 2    BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 3         (A) A COPY OF THE JUDGMENT OF CONVICTION.

 4         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

 5    SENTENCING.

 6         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

 7         (D) THE DEFENDANT'S STATEMENT.

 8         Sec. 362a.  (1)  Any  A person to whom a motor vehicle,

 9    trailer, or other tangible property is delivered on a rental or

10    lease basis under  any  A WRITTEN agreement  in writing  provid-

11    ing for its return to a particular place at a particular time who

12    WITH INTENT TO DEFRAUD THE LESSOR refuses or  wilfully  WILLFULLY

13    neglects to return  such  THE vehicle, trailer, or other tangible

14    property  ,  after  the  expiration of the time stated in a

15    WRITTEN notice  in writing proved to have been duly  mailed by

16    registered or certified mail addressed to  the  THAT PERSON'S

17    last known address  of the person who rented or leased the motor

18     vehicle, trailer or other tangible property, and with intent to

19     defraud the lessor,  is guilty of larceny, PUNISHABLE AS PROVIDED

20    IN THIS SECTION.

21         (2) If  the vehicle, trailer or other tangible property

22     exceeds the value of $100.00 he shall be  ANY OF THE FOLLOWING

23    APPLY, THE PERSON IS guilty of a felony punishable by imprison-

24    ment for not more than  2  10 years or  by  a fine of not more

25    than  $1,000.00  $15,000.00 OR 3 TIMES THE VALUE OF THE VEHICLE,

26    TRAILER, OR OTHER TANGIBLE PROPERTY, WHICHEVER IS GREATER, or

27    both  .  IMPRISONMENT AND A FINE:



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 1         (A) THE VEHICLE, TRAILER, OR OTHER TANGIBLE PROPERTY HAS A

 2    VALUE OF $20,000.00 OR MORE.

 3         (B) THE PERSON VIOLATES SUBSECTION (3)(A) AND HAS 2 OR MORE

 4    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

 5    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

 6    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

 7    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

 8         (3) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

 9    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A

10    FINE OF NOT MORE THAN $10,000.00 OR 3 TIMES THE VALUE OF THE

11    VEHICLE, TRAILER, OR OTHER TANGIBLE PROPERTY, WHICHEVER IS GREAT-

12    ER, OR BOTH IMPRISONMENT AND A FINE:

13         (A) THE VEHICLE, TRAILER, OR OTHER TANGIBLE PROPERTY HAS A

14    VALUE OF $1,000.00 OR MORE BUT LESS THAN $20,000.00.

15         (B) THE PERSON VIOLATES SUBSECTION (4)(A) AND HAS 1 OR MORE

16    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

17    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

18    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

19    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

20         (4) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

21    MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR

22    OR A FINE OF NOT MORE THAN $2,000.00 OR 3 TIMES THE VALUE OF THE

23    VEHICLE, TRAILER, OR OTHER TANGIBLE PROPERTY, WHICHEVER IS GREAT-

24    ER, OR BOTH IMPRISONMENT AND A FINE:

25         (A) THE VEHICLE, TRAILER, OR OTHER TANGIBLE PROPERTY HAS A

26    VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00.





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 1         (B) THE PERSON VIOLATES SUBSECTION (5) AND HAS 1 OR MORE

 2    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

 3    OFFENSE UNDER THIS SECTION OR A LOCAL ORDINANCE SUBSTANTIALLY

 4    CORRESPONDING TO THIS SECTION.

 5         (5) If the vehicle, trailer, or other tangible property  is

 6     of the  HAS A value of  $100.00 or  less THAN $200.00,  he shall

 7     be  THE PERSON IS guilty of a misdemeanor PUNISHABLE BY IMPRISON-

 8    MENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00

 9    OR 3 TIMES THE VALUE OF THE VEHICLE, TRAILER, OR OTHER TANGIBLE

10    PROPERTY, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE.

11         (6) THE VALUES OF PROPERTY NOT RETURNED IN SEPARATE INCI-

12    DENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY

13    12-MONTH PERIOD MAY BE AGGREGATED TO DETERMINE THE TOTAL VALUE OF

14    PROPERTY NOT RETURNED.

15         (7) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

16    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

17    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

18    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

19    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

20    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

21    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

22    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE ESTAB-

23    LISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING, BUT

24    NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

25         (A) A COPY OF THE JUDGMENT OF CONVICTION.

26         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

27    SENTENCING.



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 1         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

 2         (D) THE DEFENDANT'S STATEMENT.

 3         Sec. 377a.  (1)  Any  A person who  shall wilfully 

 4    WILLFULLY and maliciously  destroy or injure  DESTROYS OR INJURES

 5    the personal property of another  , by any means not particularly

 6     mentioned or described in the preceding section, if the damage

 7     resulting from such injury shall exceed $100.00, shall be  PERSON

 8    IS GUILTY OF A CRIME AS FOLLOWS:

 9         (A) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS guilty of a

10    felony  .  PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS

11    OR A FINE OF NOT MORE THAN $15,000.00 OR 3 TIMES THE AMOUNT OF

12    THE DESTRUCTION OR INJURY, WHICHEVER IS GREATER, OR BOTH IMPRIS-

13    ONMENT AND A FINE:

14         (i) THE AMOUNT OF THE DESTRUCTION OR INJURY IS $20,000.00 OR

15    MORE.

16         (ii) THE PERSON VIOLATES SUBDIVISION (B)(i) AND HAS 2 OR

17    MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

18    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBPARAGRAPH,

19    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

20    VIOLATION OR ATTEMPTED VIOLATION OF SUBDIVISION (C)(ii) OR (D).

21         (B) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

22    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A

23    FINE OF NOT MORE THAN $10,000.00 OR 3 TIMES THE AMOUNT OF THE

24    DESTRUCTION OR INJURY, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT

25    AND A FINE:

26         (i) THE AMOUNT OF THE DESTRUCTION OR INJURY IS $1,000.00 OR

27    MORE BUT LESS THAN $20,000.00.



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 1         (ii) THE PERSON VIOLATES SUBDIVISION (C)(i) AND HAS 1 OR

 2    MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

 3    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBPARAGRAPH,

 4    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

 5    VIOLATION OR ATTEMPTED VIOLATION OF SUBDIVISION (C)(ii) OR (D).

 6         (C) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

 7    MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR

 8    OR A FINE OF NOT MORE THAN $2,000.00 OR 3 TIMES THE AMOUNT OF THE

 9    DESTRUCTION OR INJURY, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT

10    AND A FINE:

11         (i) THE AMOUNT OF THE DESTRUCTION OR INJURY IS $200.00 OR

12    MORE BUT LESS THAN $1,000.00.

13         (ii) THE PERSON VIOLATES SUBDIVISION (D) AND HAS 1 OR MORE

14    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

15    OFFENSE UNDER THIS SECTION OR A LOCAL ORDINANCE SUBSTANTIALLY

16    CORRESPONDING TO THIS SECTION.

17         (D) If the  damage done shall be $100.00 or  AMOUNT OF THE

18    DESTRUCTION OR INJURY IS less THAN $200.00,  such  THE person

19     shall be  IS guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT

20    FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00 OR 3

21    TIMES THE AMOUNT OF THE DESTRUCTION OR INJURY, WHICHEVER IS

22    GREATER, OR BOTH IMPRISONMENT AND A FINE.

23         (2) THE AMOUNTS OF DESTRUCTION OR INJURY IN SEPARATE INCI-

24    DENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY

25    12-MONTH PERIOD MAY BE AGGREGATED IN DETERMINING THE TOTAL AMOUNT

26    OF THE DESTRUCTION OR INJURY.





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 1         (3) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

 2    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR

 3    CONVICTIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COM-

 4    PLAINT AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION

 5    OR CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVIC-

 6    TION OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A

 7    JURY, AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE

 8    BEFORE SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE

 9    ESTABLISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING,

10    BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

11         (A) A COPY OF THE JUDGMENT OF CONVICTION.

12         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

13    SENTENCING.

14         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

15         (D) THE DEFENDANT'S STATEMENT.

16         Sec. 380.  (1)  Any  A person  who  shall  wilfully  NOT

17    WILLFULLY and maliciously destroy or injure  any  ANOTHER

18    PERSON'S house, barn, or other building  of another,  or  the 

19    ITS appurtenances.  thereof, if the damage resulting from such

20     injury shall exceed $100.00, shall be guilty of a felony.  If the

21     damage done shall be $100.00 or 

22         (2) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

23    SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT

24    FOR NOT MORE THAN 10 YEARS OR A FINE OF NOT MORE THAN $15,000.00

25    OR 3 TIMES THE AMOUNT OF THE DESTRUCTION OR INJURY, WHICHEVER IS

26    GREATER, OR BOTH IMPRISONMENT AND A FINE:





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 1         (A) THE AMOUNT OF THE DESTRUCTION OR INJURY IS $20,000.00 OR

 2    MORE.

 3         (B) THE PERSON VIOLATES SUBSECTION (3)(A) AND HAS 2 OR MORE

 4    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

 5    OFFENSE UNDER THIS SECTION.  FOR PURPOSE OF THIS SUBDIVISION,

 6    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

 7    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

 8         (3) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

 9    SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT

10    FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $10,000.00

11    OR 3 TIMES THE AMOUNT OF THE DESTRUCTION OR INJURY, WHICHEVER IS

12    GREATER, OR BOTH IMPRISONMENT AND A FINE:

13         (A) THE AMOUNT OF THE DESTRUCTION OR INJURY IS $1,000.00 OR

14    MORE BUT LESS THAN $20,000.00.

15         (B) THE PERSON VIOLATES SUBSECTION (4)(A) AND HAS 1 OR MORE

16    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

17    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

18    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

19    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

20         (4) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

21    SUBSECTION (1) IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISON-

22    MENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

23    $2,000.00 OR 3 TIMES THE AMOUNT OF THE DESTRUCTION OR INJURY,

24    WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

25         (A) THE AMOUNT OF THE DESTRUCTION OR INJURY IS $200.00 OR

26    MORE BUT LESS THAN $1,000.00.





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 1         (B) THE PERSON VIOLATES SUBSECTION (5) AND HAS 1 OR MORE

 2    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

 3    OFFENSE UNDER THIS SECTION OR A LOCAL ORDINANCE SUBSTANTIALLY

 4    CORRESPONDING TO THIS SECTION.

 5         (5) IF THE AMOUNT OF THE DESTRUCTION OR INJURY IS less THAN

 6    $200.00,  he shall be  A PERSON WHO VIOLATES SUBSECTION (1) IS

 7    guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE

 8    THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00 OR 3 TIMES THE

 9    AMOUNT OF THE DESTRUCTION OR INJURY, WHICHEVER IS GREATER, OR

10    BOTH IMPRISONMENT AND A FINE.

11         (6) THE AMOUNTS OF THE DESTRUCTION OR INJURY IN SEPARATE

12    INCIDENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY

13    12-MONTH PERIOD MAY BE AGGREGATED TO DETERMINE THE TOTAL AMOUNT

14    OF THE DESTRUCTION OR INJURY.

15         (7) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

16    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

17    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

18    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

19    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

20    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

21    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

22    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE ESTAB-

23    LISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING, BUT

24    NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

25         (A) A COPY OF THE JUDGMENT OF CONVICTION.

26         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

27    SENTENCING.



   02183'97
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 1         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

 2         (D) THE DEFENDANT'S STATEMENT.

 3         Sec. 387.  (1)  Any  A person, other than the burial right

 4    owner or his OR HER representative, heir at law, or a person

 5    having care, custody, or control of a cemetery  by virtue of 

 6    PURSUANT TO law, A contract, or other legal right,  who  shall

 7     wilfully  NOT WILLFULLY destroy, mutilate, deface, injure, or

 8    remove  any  A tomb, monument, gravestone, or other structure or

 9    thing placed or designed for a memorial of the dead, or  any  A

10    fence, railing, curb, or other thing intended for the protection

11    or for the ornament of any tomb, monument, gravestone, or other

12    structure  mentioned  DESCRIBED in this subsection  ,  or  of 

13    any OTHER enclosure for the burial of the dead  , or who shall

14     wilfully  AND SHALL NOT WILLFULLY destroy, mutilate, remove, cut,

15    break, or injure any tree, shrub, or plant, placed or being

16    within  any  such AN enclosure.  , is guilty of a misdemeanor. 

17         (2) Prosecution under  this  subsection (1) may commence

18    upon complaint by the burial right owner or his OR HER represen-

19    tative, heir at law, or person having care, custody, or control

20    of a cemetery, tomb, monument, gravestone, or other structure or

21    thing  placed or designed for a memorial of the dead, or any

22  fence, railing, curb, or other thing intended for the protection

23     or for the ornament of any tomb, monument, gravestone, or other

24     structure mentioned  DESCRIBED in  this  subsection (1).  , or

25     of any enclosure for the burial of the dead, or tree, shrub, or

26     plant. 





   02183'97
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 1         (3) IF THE TOTAL AMOUNT OF DAMAGE IS LESS THAN $200.00, A

 2    PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MISDEMEANOR

 3    PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF

 4    NOT MORE THAN $500.00 OR 3 TIMES THE AMOUNT OF DAMAGE, WHICHEVER

 5    IS GREATER, OR BOTH IMPRISONMENT AND A FINE.

 6         (4) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

 7    SUBSECTION (1) IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISON-

 8    MENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

 9    $2,000.00 OR 3 TIMES THE AMOUNT OF DAMAGE, WHICHEVER IS GREATER,

10    OR BOTH IMPRISONMENT AND A FINE:

11         (A) THE TOTAL AMOUNT OF DAMAGE IS $200.00 OR MORE BUT LESS

12    THAN $1,000.00.

13         (B) THE TOTAL AMOUNT OF DAMAGE IS LESS THAN $200.00 AND THE

14    PERSON HAS 1 OR MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPT-

15    ING TO COMMIT AN OFFENSE UNDER THIS SECTION OR A LOCAL ORDINANCE

16    SUBSTANTIALLY CORRESPONDING TO THIS SECTION.

17         (5)  (2) A  IF ANY OF THE FOLLOWING APPLY, A person WHO VIO-

18    LATES SUBSECTION (1) is guilty of a felony punishable by impris-

19    onment for not more than 5 years or  by  a fine of not more than

20     $2,500.00  $10,000.00 OR 3 TIMES THE AMOUNT OF DAMAGE, WHICHEVER

21    IS GREATER, or both  , if the person does either of the

22     following  IMPRISONMENT AND A FINE:

23         (a)  Does any act described in subsection (1) which causes

24     damage in excess of $100.00  THE TOTAL AMOUNT OF DAMAGE IS

25    $1,000.00 OR MORE BUT LESS THAN $20,000.00.

26         (b)  Does any act described in subsection (1) which is

27     directed against 2 or more separate burial rights or places in



   02183'97
                                  22

 1    whatever form for tombs or for the memorial of the dead  THE

 2    TOTAL AMOUNT OF DAMAGE IS $200.00 OR MORE BUT LESS THAN $1,000

 3    AND THE PERSON HAS 1 OR MORE PRIOR CONVICTIONS FOR COMMITTING OR

 4    ATTEMPTING TO COMMIT AN OFFENSE UNDER THIS SECTION.  FOR PURPOSES

 5    OF THIS SUBDIVISION, HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE

 6    A CONVICTION FOR A VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION

 7    (3) OR (4)(B).

 8         (6) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

 9    SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT

10    FOR NOT MORE THAN 10 YEARS OR A FINE OF NOT MORE THAN $15,000.00

11    OR 3 TIMES THE AMOUNT OF DAMAGE, WHICHEVER IS GREATER, OR BOTH

12    IMPRISONMENT AND A FINE:

13         (A) THE TOTAL AMOUNT OF DAMAGE IS $20,000.00 OR MORE.

14         (B) THE TOTAL AMOUNT OF DAMAGE IS $1,000.00 OR MORE BUT LESS

15    THAN $20,000.00 AND THE PERSON HAS 2 OR MORE PRIOR CONVICTIONS

16    FOR COMMITTING OR ATTEMPTING TO COMMIT AN OFFENSE UNDER THIS

17    SECTION.  FOR PURPOSES OF THIS SUBDIVISION, HOWEVER, A PRIOR CON-

18    VICTION DOES NOT INCLUDE A CONVICTION FOR A VIOLATION OR

19    ATTEMPTED VIOLATION OF SUBSECTION (3) OR (4)(B).

20         (7) THE AMOUNTS OF DAMAGE IN SEPARATE INCIDENTS PURSUANT TO

21    A SCHEME OR COURSE OF CONDUCT WITHIN ANY 12-MONTH PERIOD MAY BE

22    AGGREGATED IN DETERMINING THE TOTAL AMOUNT OF DAMAGE.

23         (8) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

24    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

25    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

26    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

27    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION



   02183'97
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 1    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

 2    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

 3    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE ESTAB-

 4    LISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING, BUT

 5    NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 6         (A) A COPY OF THE JUDGMENT OF CONVICTION.

 7         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

 8    SENTENCING.

 9         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

10         (D) THE DEFENDANT'S STATEMENT.

11         Sec. 535.  (1) A person  who buys, receives, possesses, con-

12     ceals, or aids  SHALL NOT BUY, RECEIVE, POSSESS, CONCEAL, OR AID

13    in the concealment of stolen, embezzled, or converted money,

14    goods, or property knowing the money, goods, or property  to be 

15    IS stolen, embezzled, or converted.  , if the property purchased,

16     received, possessed, or concealed exceeds the value of $100.00, 

17         (2) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

18    SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT

19    FOR NOT MORE THAN 10 YEARS OR A FINE OF NOT MORE THAN $15,000.00

20    OR 3 TIMES THE VALUE OF THE PROPERTY PURCHASED, RECEIVED, POS-

21    SESSED, OR CONCEALED, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT

22    AND A FINE:

23         (A) THE PROPERTY PURCHASED, RECEIVED, POSSESSED, OR CON-

24    CEALED HAS A VALUE OF $20,000.00 OR MORE.

25         (B) THE PERSON VIOLATES SUBSECTION (3)(A) AND HAS 2 OR MORE

26    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

27    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,



   02183'97
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 1    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

 2    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

 3         (3) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

 4    SUBSECTION (1) is guilty of a felony  ,  punishable by imprison-

 5    ment for not more than 5 years  ,  or  by  a fine of not more

 6    than  $2,500.00.  $10,000.00 OR 3 TIMES THE VALUE OF THE PROPERTY

 7    PURCHASED, RECEIVED, POSSESSED, OR CONCEALED, WHICHEVER IS

 8    GREATER, or both IMPRISONMENT AND A FINE:

 9         (A) THE PROPERTY PURCHASED, RECEIVED, POSSESSED, OR CON-

10    CEALED HAS A VALUE OF $1,000.00 OR MORE BUT LESS THAN

11    $20,000.00.

12         (B) THE PERSON VIOLATES SUBSECTION (4)(A) AND HAS 1 OR MORE

13    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

14    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

15    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

16    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

17         (4) IF ANY OF THE FOLLOWING APPLY, A PERSON WHO VIOLATES

18    SUBSECTION (1) IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISON-

19    MENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

20    $2,000.00 OR 3 TIMES THE VALUE OF THE PROPERTY PURCHASED,

21    RECEIVED, POSSESSED, OR CONCEALED, WHICHEVER IS GREATER, OR BOTH

22    IMPRISONMENT AND A FINE:

23         (A) THE PROPERTY PURCHASED, RECEIVED, POSSESSED, OR CON-

24    CEALED HAS A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00.

25         (B) THE PERSON VIOLATES SUBSECTION (5) AND HAS 1 OR MORE

26    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN





   02183'97
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 1    OFFENSE UNDER THIS SECTION OR A LOCAL ORDINANCE SUBSTANTIALLY

 2    CORRESPONDING TO THIS SECTION.

 3         (5) If the property purchased, received, possessed, or con-

 4    cealed  is of  HAS a value of  $100.00 or  less THAN $200.00,

 5     the  A person WHO VIOLATES SUBSECTION (1) is guilty of a misde-

 6    meanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A

 7    FINE OF NOT MORE THAN $500.00 OR 3 TIMES THE VALUE OF THE PROP-

 8    ERTY PURCHASED, RECEIVED, POSSESSED, OR CONCEALED, WHICHEVER IS

 9    GREATER, OR BOTH IMPRISONMENT AND A FINE.  On a third or subse-

10     quent conviction under this section the person is guilty of a

11     felony, punishable by imprisonment for not more than 5 years, or

12     by a fine of not more than $2,500.00, or both, although the value

13     of the property purchased, received, possessed, or concealed does

14     not exceed $100.00. 

15         (6) THE VALUES OF PROPERTY PURCHASED, RECEIVED, POSSESSED,

16    OR CONCEALED IN SEPARATE INCIDENTS PURSUANT TO A SCHEME OR COURSE

17    OF CONDUCT WITHIN ANY 12-MONTH PERIOD MAY BE AGGREGATED TO DETER-

18    MINE THE TOTAL VALUE OF PROPERTY PURCHASED, RECEIVED, POSSESSED,

19    OR CONCEALED.

20         (7) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

21    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

22    TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

23    AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

24    CONVICTIONS.  THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

25    OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

26    AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

27    SENTENCING.  THE EXISTENCE OF A PRIOR CONVICTION MAY BE



   02183'97
                                  26

 1    ESTABLISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING,

 2    BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 3         (A) A COPY OF THE JUDGMENT OF CONVICTION.

 4         (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

 5    SENTENCING.

 6         (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

 7         (D) THE DEFENDANT'S STATEMENT.

 8         (8)  (2)  A person who is a dealer in or collector of mer-

 9    chandise or personal property, or the agent, employee, or repre-

10    sentative of a dealer or collector OF MERCHANDISE OR PERSONAL

11    PROPERTY who fails to  make reasonable inquiry that  REASONABLY

12    INQUIRE WHETHER the person selling or delivering the stolen,

13    embezzled, or converted property to the dealer or collector has a

14    legal right to do so or who buys or receives stolen, embezzled,

15    or converted property  which  THAT has a registration, serial, or

16    other identifying number altered or obliterated on an external

17    surface of the property,  shall be  IS presumed to have bought or

18    received the property knowing the property  to be  IS stolen,

19    embezzled, or converted.  This presumption  may be rebutted by

20     proof  IS REBUTTABLE.

21         Enacting section 1.  This amendatory act takes effect

22    January 1, 1998.













   02183'97          Final page.                            JOJ