HOUSE BILL No. 5732


     May 4, 2000, Introduced by Reps. Gosselin, Voorhees, Hart, Richardville, Scranton, Julian, Sanborn, Kowall, Bradstreet,
Kuipers, Kukuk, Jansen, Raczkowski and Cassis and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 357b (MCL 750.357b), as added by 1990 PA

   321.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 357b.  (1) A person who commits larceny by stealing the

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      firearm of another person is guilty of a  felony,  CRIME AS

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      FOLLOWS:

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           (A) EXCEPT AS PROVIDED IN SUBDIVISION (B), THE PERSON IS

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      GUILTY OF A FELONY punishable by imprisonment for not more than 5

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      years or  by  a fine of not more than $2,500.00, or both.

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           (B) IF THE FIREARM IS SUBSEQUENTLY USED BY THAT PERSON OR

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      ANY OTHER PERSON TO COMMIT OR ATTEMPT TO COMMIT A FELONY, THE

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      PERSON IS GUILTY OF A FELONY PUNISHABLE BY THE SAME PENALTY AS

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      THE FELONY COMMITTED OR ATTEMPTED.  FOR PURPOSES OF SECTION 24 OF


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      CHAPTER VII OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL

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      767.24, A VIOLATION OF THIS SUBDIVISION IS COMMITTED AT THE TIME

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      THE FELONY INVOLVING THE USE OF THE FIREARM IS COMMITTED OR

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      ATTEMPTED.

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           (2) A CONVICTION FOR A VIOLATION OF SUBSECTION (1)(A) DOES

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      NOT PRECLUDE A SUBSEQUENT PROSECUTION AND CONVICTION FOR A VIOLA-

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      TION OF SUBSECTION (1)(B).










































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