SENATE BILL No. 404

April 19, 2001, Introduced by Senators GARCIA and VAN REGENMORTER and referred to the Committee on Judiciary.

A bill to amend 1982 PA 220, entitled

"Michigan family farm development act,"

by amending section 29 (MCL 285.279).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 29. (1) A person shall not, with the intent to defraud

2 or cheat , AND designedly by false pretenses, including false

3 statement or representation, obtain money, agricultural land,

4 agricultural improvements, depreciable agricultural property,

5 other real or personal property, or the use of an instrument,

6 facility, article, or other valuable thing or service , pro-

7 vided under this act, including participation in a program estab-

8 lished pursuant to UNDER this act.

9 (2) A person who violates this section by obtaining money,

10 agricultural land, agricultural improvements, depreciable

11 agricultural property, or other real or personal property, or use

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1 of an instrument, facility, article, or other valuable thing or

2 service, $100.00 or less in value, shall be IS GUILTY OF A CRIME

3 AS FOLLOWS:

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

5 PERSON IS guilty of a misdemeanor , punishable by imprisonment

6 for not more than 90 93 days , or a fine of not more than

7 $100.00, or both. A person who violates this section by obtain-

8 ing money, agricultural land, agricultural improvements, depre-

9 ciable agricultural property, or other real or personal property,

10 or use of an instrument, facility, article, or other valuable

11 thing or service more than $100.00 in value, shall be $500.00 OR

12 3 TIMES THE VALUE OF THE PROCEEDS, WHICHEVER IS GREATER, OR BOTH

13 IMPRISONMENT AND A FINE.

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

15 MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR

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

17 PROCEEDS, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

18 (i) THE VALUE OF THE PROCEEDS IS $200.00 OR MORE BUT LESS

19 THAN $1,000.00

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

21 PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

22 OFFENSE UNDER THIS SECTION.

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

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

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

26 CEEDS, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

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

2 THAN $20,000.00.

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

4 MORE PRIOR CONVICTIONS FOR VIOLATING OR ATTEMPTING TO VIOLATE

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

6 PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR VIOLATING OR

7 ATTEMPTING TO VIOLATE SUBDIVISION (A) OR (B)(ii).

8 (D) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS guilty of a

9 felony , punishable by imprisonment for not more than 10 years

10 , or a fine of not more than $5,000.00, or both $15,000.00 OR

11 3 TIMES THE VALUE OF THE PROCEEDS, WHICHEVER IS GREATER, OR BOTH

12 IMPRISONMENT AND A FINE:

13 (i) THE VALUE OF THE PROCEEDS IS $20,000.00 OR MORE.

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

15 MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

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

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

18 VIOLATING OR ATTEMPTING TO VIOLATE SUBDIVISION (A) OR (B)(ii).

19 (3) THE VALUES OF PROCEEDS OBTAINED IN SEPARATE INCIDENTS

20 PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY 12-MONTH

21 PERIOD MAY BE AGGREGATED TO DETERMINE THE TOTAL VALUE OF PROCEEDS

22 OBTAINED.

23 (4) 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

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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 (5) AS USED IN THIS SECTION, "PROCEEDS" MEANS MONEY, AGRI-

12 CULTURAL LAND, AGRICULTURAL IMPROVEMENTS, DEPRECIABLE AGRICUL-

13 TURAL PROPERTY, OTHER REAL OR PERSONAL PROPERTY, OR THE USE OF AN

14 INSTRUMENT, FACILITY, ARTICLE, OR OTHER VALUABLE THING OR SERVICE

15 OBTAINED IN VIOLATION OF SUBSECTION (1).

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