COMPUTER USE IN CRIMES - S.B. 894 (S-2): FLOOR ANALYSIS
Senate Bill 894 (Substitute S-2 as reported)
Sponsor: Senator Mike Rogers
Committee: Judiciary
CONTENT
The bill would amend the Michigan Penal Code to revise offenses and penalties for certain crimes involving use of the Internet or a computer, and provide for reimbursement to the State or a local unit for investigation and prosecution of those crimes. The bill would take effect 90 days after its enactment.
The Penal Code prohibits use of the Internet, a computer, or a computer program, network, or system to communicate with any person for the purpose of committing, attempting to commit, conspiring to commit, or soliciting another to commit any of several crimes against children; stalking or aggravated stalking; certain explosives offenses; or various gambling or gaming offenses.
The bill would delete from this provision the gambling and gaming offenses, and would restructure the penalties. Under the bill, the penalty would vary based on the penalty for the underlying crime, as shown in the table below.
| Underlying
Crime |
Offense
Level |
Maximum
Imprisonment |
Maximum
Fine |
| Less than 1 year | misdemeanor | 1 year | $5,000 |
| 1-2 years | felony | 2 years | $5,000 |
| 2-4 years | felony | 4 years | $5,000 |
| 4-10 years | felony | 10 years | $5,000 |
| 10-15 years | felony | 15 years | $10,000 |
| 15 years - life | felony | 20 years | $20,000 |
In addition, under the bill, a person convicted of an Internet or computer offense described above could be ordered to reimburse the State or a local unit of government for expenses incurred in relation to the investigation and prosecution of the violation.
MCL 750.145d - Legislative Analyst: P. Affholter
FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. The bill provides that a court could order reimbursement of law enforcement expenses to be made to a State or local unit of government, but the frequency and amount of such reimbursement cannot be determined at this time.
Please also see FISCAL IMPACT on Senate Bill 1162.
Date Completed: 3-10-00 - Fiscal Analyst: B. Baker
- K. Firestone
floor\sb894 - Analysis available @ http://www.michiganlegislature.org
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.