Crimes; malicious destruction; malicious destruction of property;

revise.

CRIMES: Malicious destruction; PROPERTY: Other

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 377a, 380, and 382 (MCL 750.377a, 750.380,

and 750.382), sections 377a and 380 as amended by 1998 PA 311 and

section 382 as amended by 1998 PA 344.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 377a. (1) A person who willfully and maliciously

2 destroys or injures the personal property of another person, OR

3 WHO WILLFULLY AND MALICIOUSLY DESTROYS OR INJURES PERSONAL PROP-

4 ERTY THAT HE OR SHE JOINTLY OWNS OR JOINTLY POSSESSES WITH 1 OR

5 MORE OTHER PERSONS, WITHOUT THE CONSENT OF THAT PERSON OR THOSE

6 PERSONS, is guilty of a crime as follows:

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

8 felony punishable by imprisonment for not more than 10 years or a

9 fine of not more than $15,000.00 or 3 times the amount of the

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1 destruction or injury, whichever is greater, or both imprisonment

2 and a fine:

3 (i) The amount of the destruction or injury is $20,000.00 or

4 more.

5 (ii) The person violates subdivision (b)(i) and has 2 or

6 more prior convictions for committing or attempting to commit an

7 offense under this section. For purposes of this subparagraph,

8 however, a prior conviction does not include a conviction for a

9 violation or attempted violation of subdivision (c)(ii) or (d).

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

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

12 fine of not more than $10,000.00 or 3 times the amount of the

13 destruction or injury, whichever is greater, or both imprisonment

14 and a fine:

15 (i) The amount of the destruction or injury is $1,000.00 or

16 more but less than $20,000.00.

17 (ii) The person violates subdivision (c)(i) and has 1 or

18 more prior convictions for committing or attempting to commit an

19 offense under this section. For purposes of this subparagraph,

20 however, a prior conviction does not include a conviction for a

21 violation or attempted violation of subdivision (c)(ii) or (d).

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

23 misdemeanor punishable by imprisonment for not more than 1 year

24 or a fine of not more than $2,000.00 or 3 times the amount of the

25 destruction or injury, whichever is greater, or both imprisonment

26 and a fine:

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1 (i) The amount of the destruction or injury is $200.00 or

2 more but less than $1,000.00.

3 (ii) The person violates subdivision (d) and has 1 or more

4 prior convictions for committing or attempting to commit an

5 offense under this section or a local ordinance substantially

6 corresponding to this section.

7 (d) If the amount of the destruction or injury is less than

8 $200.00, the person is guilty of a misdemeanor punishable by

9 imprisonment for not more than 93 days or a fine of not more than

10 $500.00 or 3 times the amount of the destruction or injury,

11 whichever is greater, or both imprisonment and a fine.

12 (2) The amounts of destruction or injury in separate inci-

13 dents pursuant to a scheme or course of conduct within any

14 12-month period may be aggregated in determining the total amount

15 of the destruction or injury.

16 (3) If the prosecuting attorney intends to seek an enhanced

17 sentence based upon the defendant having 1 or more prior convic-

18 tions, the prosecuting attorney shall include on the complaint

19 and information a statement listing the prior conviction or

20 convictions. The existence of the defendant's prior conviction

21 or convictions shall be determined by the court, without a jury,

22 at sentencing or at a separate hearing for that purpose before

23 sentencing. The existence of a prior conviction may be estab-

24 lished by any evidence relevant for that purpose, including, but

25 not limited to, 1 or more of the following:

26 (a) A copy of the judgment of conviction.

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1 (b) A transcript of a prior trial, plea-taking, or

2 sentencing.

3 (c) Information contained in a presentence report.

4 (d) The defendant's statement.

5 (4) If the sentence for a conviction under this section is

6 enhanced by 1 or more prior convictions, those prior convictions

7 shall not be used to further enhance the sentence for the convic-

8 tion pursuant to section 10, 11, or 12 of chapter IX of the code

9 of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and

10 769.12.

11 Sec. 380. (1) A person shall not willfully DO EITHER OF

12 THE FOLLOWING:

13 (A) WILLFULLY and maliciously destroy or injure another

14 person's house, barn, or other building or its appurtenances.

15 (B) WILLFULLY AND MALICIOUSLY DESTROY OR INJURE A HOUSE,

16 BARN, OR OTHER BUILDING OR ITS APPURTENANCES THAT HE OR SHE OWNS

17 JOINTLY WITH 1 OR MORE OTHER PERSONS, WITHOUT THE CONSENT OF THE

18 OTHER PERSON OR PERSONS.

19 (2) If any of the following apply, a person who violates

20 subsection (1) is guilty of a felony punishable by imprisonment

21 for not more than 10 years or a fine of not more than $15,000.00

22 or 3 times the amount of the destruction or injury, whichever is

23 greater, or both imprisonment and a fine:

24 (a) The amount of the destruction or injury is $20,000.00 or

25 more.

26 (b) The person violates subsection (3)(a) and has 2 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 (3) If any of the following apply, a person who violates

5 subsection (1) is guilty of a felony punishable by imprisonment

6 for not more than 5 years or a fine of not more than $10,000.00

7 or 3 times the amount of the destruction or injury, whichever is

8 greater, or both imprisonment and a fine:

9 (a) The amount of the destruction or injury is $1,000.00 or

10 more but less than $20,000.00.

11 (b) The person violates subsection (4)(a) and has 1 or more

12 prior convictions for committing or attempting to commit an

13 offense under this section. For purposes of this subdivision,

14 however, a prior conviction does not include a conviction for a

15 violation or attempted violation of subsection (4)(b) or (5).

16 (4) If any of the following apply, a person who violates

17 subsection (1) is guilty of a misdemeanor punishable by imprison-

18 ment for not more than 1 year or a fine of not more than

19 $2,000.00 or 3 times the amount of the destruction or injury,

20 whichever is greater, or both imprisonment and a fine:

21 (a) The amount of the destruction or injury is $200.00 or

22 more but less than $1,000.00.

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

24 prior convictions for committing or attempting to commit an

25 offense under this section or a local ordinance substantially

26 corresponding to this section.

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1 (5) If the amount of the destruction or injury is less than

2 $200.00, a person who violates subsection (1) is guilty of a

3 misdemeanor punishable by imprisonment for not more than 93 days

4 or a fine of not more than $500.00 or 3 times the amount of the

5 destruction or injury, whichever is greater, or both imprisonment

6 and a fine.

7 (6) The amounts of the destruction or injury in separate

8 incidents pursuant to a scheme or course of conduct within any

9 12-month period may be aggregated to determine the total amount

10 of the destruction or injury.

11 (7) If the prosecuting attorney intends to seek an enhanced

12 sentence based upon the defendant having 1 or more prior convic-

13 tions, the prosecuting attorney shall include on the complaint

14 and information a statement listing the prior conviction or

15 convictions. The existence of the defendant's prior conviction

16 or convictions shall be determined by the court, without a jury,

17 at sentencing or at a separate hearing for that purpose before

18 sentencing. The existence of a prior conviction may be estab-

19 lished by any evidence relevant for that purpose, including, but

20 not limited to, 1 or more of the following:

21 (a) A copy of the judgment of conviction.

22 (b) A transcript of a prior trial, plea-taking, or

23 sentencing.

24 (c) Information contained in a presentence report.

25 (d) The defendant's statement.

26 (8) If the sentence for a conviction under this section is

27 enhanced by 1 or more prior convictions, those prior convictions

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1 shall not be used to further enhance the sentence for the

2 conviction pursuant to section 10, 11, or 12 of chapter IX of the

3 code of criminal procedure, 1927 PA 175, 769.10, 769.11, and

4 769.12.

5 Sec. 382. (1) A person who SHALL NOT willfully and mali-

6 ciously, or wantonly and without cause, cuts DO EITHER OF THE

7 FOLLOWING:

8 (A) CUT down, destroys DESTROY, or injures INJURE any

9 tree, shrub, grass, turf, plants, crops, or soil of another that

10 is standing, growing, or located on the land of another.

11 (B) CUT DOWN, DESTROY, OR INJURE ANY TREE, SHRUB, GRASS,

12 TURF, PLANTS, CROPS, OR SOIL HE OR SHE JOINTLY OWNS WITH 1 OR

13 MORE OTHER PERSONS, WITHOUT THE CONSENT OF THAT PERSON OR THOSE

14 PERSONS.

15 (2) A PERSON WHO VIOLATES SUBSECTION (1) is guilty of a

16 crime as follows:

17 (a) If the value of the trees, shrubs, grass, turf, plants,

18 crops, or soil cut down, destroyed, or injured is less than

19 $200.00, the person is guilty of a misdemeanor punishable by

20 imprisonment for not more than 93 days or a fine of not more than

21 $500.00 or 3 times the value of the trees, shrubs, grass, turf,

22 plants, crops, or soil, whichever is greater, or both imprison-

23 ment and a fine.

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

25 misdemeanor punishable by imprisonment for not more than 1 year

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

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1 trees, shrubs, grass, turf, plants, crops, or soil, whichever is

2 greater, or both imprisonment and a fine:

3 (i) The value of the trees, shrubs, grass, turf, plants, or

4 soil cut down, destroyed, or injured is $200.00 or more but less

5 than $1,000.00.

6 (ii) The person violates subdivision (a) and has 1 or more

7 prior convictions for committing or attempting to commit an

8 offense under this section or a local ordinance substantially

9 corresponding to this section.

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

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

12 fine of not more than $10,000.00 or 3 times the value of the

13 trees, shrubs, grass, turf, plants, crops, or soil, whichever is

14 greater, or both imprisonment and a fine:

15 (i) The value of the trees, shrubs, grass, turf, plants,

16 crops, or soil cut down, destroyed, or injured is $1,000.00 or

17 more but less than $20,000.00.

18 (ii) The person violates subdivision (b)(i) and has 1 or

19 more prior convictions for committing or attempting to commit an

20 offense under this section. For purposes of this subparagraph,

21 however, a prior conviction does not include a conviction for a

22 violation or attempted violation of subdivision (a) or (b)(ii).

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

24 felony punishable by imprisonment for not more than 10 years or a

25 fine of not more than $15,000.00 or 3 times the value of the

26 trees, shrubs, grass, turf, plants, crops, or soil, whichever is

27 greater, or both imprisonment and a fine:

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1 (i) The value of the trees, shrubs, grass, turf, plants,

2 crops, or soil cut down, destroyed, or injured is $20,000.00 or

3 more.

4 (ii) The person violates subdivision (c)(i) and has 2 or

5 more prior convictions for committing or attempting to commit an

6 offense under this section. For purposes of this subparagraph,

7 however, a prior conviction does not include a conviction for a

8 violation or attempted violation of subdivision (a) or (b)(ii).

9 (3) (2) The secretary of state shall suspend the

10 operator's or chauffeur's license of a person convicted of a vio-

11 lation or attempted violation of subsection (1) who committed the

12 offense with a vehicle, as provided in section 319 of the

13 Michigan vehicle code, 1949 PA 300, MCL 257.319. As used in this

14 subsection, "vehicle" means that term as defined in section 79 of

15 the Michigan vehicle code, 1949 PA 300, MCL 257.79.

16 (4) (3) The values of trees, shrubs, grass, turf, plants,

17 crops, or soil cut down, destroyed, or injured in separate inci-

18 dents pursuant to a scheme or course of conduct within any

19 12-month period may be aggregated to determine the total value of

20 trees, shrubs, grass, turf, plants, crops, or soil cut down,

21 destroyed, or injured.

22 (5) (4) If the prosecuting attorney intends to seek an

23 enhanced sentence based upon the defendant having 1 or more prior

24 convictions, the prosecuting attorney shall include on the com-

25 plaint and information a statement listing the prior conviction

26 or convictions. The existence of the defendant's prior

27 conviction or convictions shall be determined by the court,

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10

1 without a jury, at sentencing or at a separate hearing for that

2 purpose before sentencing. The existence of a prior conviction

3 may be established by any evidence relevant for that purpose,

4 including, but not limited to, 1 or more of the following:

5 (a) A copy of the judgment of conviction.

6 (b) A transcript of a prior trial, plea-taking, or

7 sentencing.

8 (c) Information contained in a presentence report.

9 (d) The defendant's statement.

10 (6) (5) If the sentence for a conviction under this sec-

11 tion is enhanced by 1 or more prior convictions, those prior con-

12 victions shall not be used to further enhance the sentence for

13 the conviction pursuant to section 10, 11, or 12 of chapter IX of

14 the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11,

15 and 769.12.

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