SENATE BILL NO. 718 September 22, 1999, Introduced by Senators ROGERS and HAMMERSTROM and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 415 (MCL 750.415). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 415. (1) A person who, without the intent to mislead 2 another as to the identity of the vehicle, conceals or misrepre- 3 sents the identity of a motor vehicle or of a mechanical device 4,by removing or defacing the manufacturer's serial number or 5 the engine or motor number on the motor vehicle, or by replacing 6 a part of the motor vehicle or mechanical device bearing the 7 serial number or engine or motor number of the vehicle with a new 8 part,upon which the proper serial number or engine or motor 9 number has not been stamped, is guilty of a misdemeanor. 10 (2) A person who, with the intent to mislead another as to 11 the identity of a vehicle, conceals or misrepresents the identity 03278'99 * TLG 2 1 of a motor vehicle or of a mechanical device,by removing or 2 defacing the manufacturer's serial number or the engine or motor 3 number on the motor vehicle, or by replacing a part of the motor 4 vehicle or mechanical device bearing the serial number or engine 5 or motor number of the vehicle,with a new part,upon which 6 the proper serial number or engine or motor number has not been 7 stamped, is guilty of a felony, and if the person is a licensed 8 dealer, the DEALER'S license shall be revoked. 9 (3) In all prosecutions under this section, possession by a 10 person of a motor vehicle,or of a mechanical device with the 11 manufacturer's serial number or the engine or motor number 12 removed, defaced, destroyed or altered or with a part bearing the 13 number or numbers replaced by one on which the proper number does 14 not appear, shall be prima facie evidence of violation of this 15 section. 16 (4) If the identification of a motor vehicle or a mechanical 17 device has been removed, defaced, or altered as provided in this 18 section,and the real identity of the motor vehicle or mechan- 19 ical device cannot be determined, the motor vehicle or mechanical 20 device shall be subject to confiscation by the state,and 21 shall be sold at public auction, PUT TO OFFICIAL USE BY THE GOV- 22 ERNMENT AGENCY SEIZING THE VEHICLE, OR RENDERED SCRAP. If the 23 items are confiscated from a licensed vehicle dealer, the 24 dealer's license shall be revoked. 25 (5) A PERSON SHALL NOT KNOWINGLY POSSESS, BUY, DELIVER, OR 26 OFFER TO BUY, SELL, EXCHANGE, OR GIVE AWAY ANY MANUFACTURER'S 27 VEHICLE IDENTIFICATION NUMBER PLATE, FEDERAL SAFETY CERTIFICATION 03278'99 * 3 1 LABEL, ANTITHEFT LABEL, POSIDENT DIE STAMPS, SECRETARY OF STATE 2 VEHICLE IDENTIFICATION LABEL, ROSETTE RIVET, OR ANY FACSIMILE 3 THEREOF. THIS SUBSECTION DOES NOT APPLY TO A MOTOR VEHICLE MANU- 4 FACTURER OR LAW ENFORCEMENT OFFICER IN THE OFFICIAL PERFORMANCE 5 OF HIS OR HER DUTIES. A PERSON WHO VIOLATES THIS SUBSECTION IS 6 GUILTY OF A FELONY, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 7 4 YEARS, A FINE OF $10,000.00, OR BOTH. IF THE PERSON WHO VIO- 8 LATES THIS SUBSECTION IS A LICENSED DEALER OR REPAIR FACILITY, 9 ITS LICENSE SHALL BE REVOKED. 10 (6) A PERSON SHALL NOT BUY, RECEIVE, OR OBTAIN CONTROL OF A 11 MOTOR VEHICLE OR MOTOR VEHICLE PART WITH THE INTENT TO SELL OR 12 OTHERWISE DISPOSE OF THE MOTOR VEHICLE OR MOTOR VEHICLE PART 13 KNOWING THAT AN IDENTIFICATION NUMBER OF THAT MOTOR VEHICLE OR 14 MOTOR VEHICLE PART HAS BEEN REMOVED, OBLITERATED, TAMPERED WITH, 15 OR ALTERED. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A 16 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS, A 17 FINE OF $20,000.00, OR BOTH. 18 (7) AS USED IN THIS SECTION: 19 (A) "ANTITHEFT LABEL" MEANS A LABEL CONTAINING THE VEHICLE 20 IDENTIFICATION NUMBER AFFIXED TO A MOTOR VEHICLE BY THE MANUFAC- 21 TURER IN ACCORDANCE WITH THE MOTOR VEHICLE THEFT LAW ENFORCEMENT 22 ACT OF 1984, PUBLIC LAW 98-547, 98 STAT. 2754, AND 49 C.F.R., 23 PARTS 541 AND 567. 24 (B) "FEDERAL SAFETY CERTIFICATION LABEL" MEANS A LABEL 25 AFFIXED TO A MOTOR VEHICLE THAT CERTIFIES THAT THE MOTOR VEHICLE 26 CONFORMS TO CURRENT SAFETY STANDARDS AT THE TIME OF PRODUCTION 27 AND DISPLAYS THE VEHICLE IDENTIFICATION NUMBER. 03278'99 * 4 1 (C) "MOTOR VEHICLE" MEANS A DEVICE IN, UPON, OR BY WHICH A 2 PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A 3 STREET, HIGHWAY, OR WATERWAY, WHETHER SUBJECT TO OR EXEMPT FROM 4 REGISTRATION, EXCEPT A DEVICE EXCLUSIVELY MOVED BY HUMAN POWER OR 5 USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS. 6 (D) "POSIDENT DIE STAMPS" MEANS SPECIALLY DESIGNED DIE 7 STAMPS USED BY MOTOR VEHICLE MANUFACTURERS TO PRODUCE UNIQUE LET- 8 TERS AND NUMBERS WHEN STAMPING VEHICLE IDENTIFICATION NUMBERS 9 UPON VEHICLE IDENTIFICATION PLATES, TAGS, AND PARTS AFFIXED TO A 10 MOTOR VEHICLE. 11 (E) "ROSETTE RIVET" MEANS A SPECIAL RIVET DESIGNED TO PRE- 12 VENT REMOVAL OR TAMPERING WITH A VEHICLE IDENTIFICATION NUMBER 13 PLATE AFFIXED BY THE MANUFACTURER TO A MOTOR VEHICLE AND THAT, 14 WHEN USED TO AFFIX A VEHICLE IDENTIFICATION NUMBER PLATE, FORMS 5 15 OR 6 PETALS AT THE RIVET HEAD. 03278'99 * Final page. 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