HB-5105, As Passed Senate, May 19, 2004
October 1, 2003, Introduced by Reps. Van Regenmorter, Nofs, Gaffney, Stahl, Acciavatti, Robertson, Rocca, Tabor, Meisner, Ward, Pappageorge, Taub, Bieda, Stakoe, Voorhees, Kooiman and Casperson and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 529, 529a, and 530 (MCL 750.529, 750.529a,
and 750.530), section 529a as added by 1994 PA 191.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 529. Any A
person who shall assault another, and
2 shall feloniously rob,
steal and take from his person, or in his
3 presence, any money or
other property, which may be the subject
4 of larceny, such
robber being armed with engages
in conduct
5 proscribed under section 530 and who in the course of engaging in
6 that conduct, possesses a
dangerous weapon , or any an
7 article used or fashioned
in a manner to lead the any person
8 so assaulted present to reasonably believe it to be the
9 article is a dangerous
weapon, shall be or who represents
10 orally or otherwise that he or she is in possession of a
1 dangerous weapon, is
guilty of a felony , punishable by
2 imprisonment in the
state prison for life or for any term of
3 years. If an aggravated assault or serious injury is inflicted
4 by any person while committing
an armed robbery as defined in
5 violating this section,
the sentence person shall be sentenced
6 to a minimum term of imprisonment of not less than 2 years'
7 imprisonment in the
state prison years.
8 Sec. 529a. (1) A
person who by in the course of
9 committing a larceny of a motor vehicle uses force or violence
10 , or by the threat of force or
violence, or by putting who
11 puts in fear robs,
steals, or takes a motor vehicle as defined
12 in section 412 from
another person, in the presence of that
13 person or the presence
of a any operator, passenger,
or in the
14 presence of any other person in lawful possession of the motor
15 vehicle, or any person lawfully attempting to recover the motor
16 vehicle, is guilty of carjacking, a felony punishable by
17 imprisonment for life or for any term of years.
18 (2) As used in this section, "in the course of committing a
19 larceny of a motor vehicle" includes acts that occur in an
20 attempt to commit the larceny, or during commission of the
21 larceny, or in flight or attempted flight after the commission of
22 the larceny, or in an attempt to retain possession of the motor
23 vehicle.
24 (3) (2) A
sentence imposed for a violation of this section
25 may be imposed to run consecutively to any other sentence imposed
26 for a conviction that arises out of the same transaction.
27 Sec. 530. (1)
Robbery unarmed--Any A person who, shall,
House Bill No. 5105 as amended February 12, 2004
1 by in the course of committing a larceny of any money
or other
2 property that may be the subject of larceny, uses force and or
3 violence against any
person who is present, or by assault who
4 assaults or putting puts
the person in fear, feloniously rob,
5 steal and take from
the person of another, or in his presence,
6 any money or other
property which may be the subject of larceny,
7 such robber not being
armed with a dangerous weapon, shall be is
8 guilty of a felony , punishable
by imprisonment in the state
9 prison for not more than 15 years.
10 (2) As used in this section, "in the course of committing a
11 larceny" includes acts that occur in an attempt to commit the
12 larceny, or during commission of the larceny, or in flight or
13 attempted flight after the commission of the larceny, or in an
14 attempt to retain possession of the property.
[Enacting section 1. This amendatory act takes effect July 1, 2004.]