SB-1009, As Passed Senate, April 29, 2004
February 24, 2004, Introduced by Senators CROPSEY, PATTERSON and KUIPERS and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 218 (MCL 750.218), as amended by 1998 PA
312.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 218. (1) A person who, with the intent to defraud or
2 cheat and by color of
a false token or writing, by a false or
3 bogus check or other
written, printed, or engraved instrument, by
4 counterfeit coin or
metal that is intended to simulate a coin, or
5 by any other makes or uses a false pretense does to
do 1 or
6 more of the following is guilty of a crime punishable as provided
7 in this section:
8 (a) Causes Cause
a person to grant, convey, assign, demise,
9 lease, or mortgage land or an interest in land.
10 (b) Obtains Obtain
a person's signature on a forged written
1 instrument.
2 (c) Obtains Obtain
from a person any money or personal
3 property or the use of any instrument, facility, article, or
4 other valuable thing or service.
5 (d) By means of a
false weight or measure obtains obtain a
6 larger amount or quantity of property than was bargained for.
7 (e) By means of a
false weight or measure sells sell or
8 disposes dispose of a smaller amount or quantity of
property
9 than was bargained for.
10 (2) If the land, interest in land, money, personal property,
11 use of the instrument, facility, article, or valuable thing,
12 service, larger amount obtained, or smaller amount sold or
13 disposed of has a value of less than $200.00, the person is
14 guilty of a misdemeanor punishable by imprisonment for not more
15 than 93 days or a fine of not more than $500.00 or 3 times the
16 value, whichever is greater, or both imprisonment and a fine.
17 (3) If any of the following apply, the person is guilty of a
18 misdemeanor punishable by imprisonment for not more than 1 year
19 or a fine of not more than $2,000.00 or 3 times the value,
20 whichever is greater, or both imprisonment and a fine:
21 (a) The land, interest in land, money, personal property, use
22 of the instrument, facility, article, or valuable thing, service,
23 larger amount obtained, or smaller amount sold or disposed of has
24 a value of $200.00 or more but less than $1,000.00.
25 (b) The person violates subsection (2) and has 1 or more
26 prior convictions for committing or attempting to commit an
27 offense under this section or a local ordinance substantially
1 corresponding to this section.
2 (4) If any of the following apply, the person is guilty of a
3 felony punishable by imprisonment for not more than 5 years or a
4 fine of not more than $10,000.00 or 3 times the value, whichever
5 is greater, or both imprisonment and a fine:
6 (a) The land, interest in land, money, personal property, use
7 of the instrument, facility, article, or valuable thing, service,
8 larger amount obtained, or smaller amount sold or disposed of has
9 a value of $1,000.00 or more but less than $20,000.00.
10 (b) The person violates subsection (3)(a) and has 1 or more
11 prior convictions for committing or attempting to commit an
12 offense under this section. For purposes of this subdivision,
13 however, a prior conviction does not include a conviction for a
14 violation or attempted violation of subsection (2) or (3)(b).
15 (5) If any of the following apply, the person is guilty of a
16 felony punishable by imprisonment for not more than 10 years or a
17 fine of not more than $15,000.00 or 3 times the value, whichever
18 is greater, or both imprisonment and a fine:
19 (a) The land, interest in land, money, personal property, use
20 of the instrument, facility, article, or valuable thing, service,
21 larger amount obtained, or smaller amount sold or disposed of has
22 a value of $20,000.00 or more.
23 (b) The person violates subsection (4)(a) and has 2 or more
24 prior convictions for committing or attempting to commit an
25 offense under this section. For purposes of this subdivision,
26 however, a prior conviction does not include a conviction for a
27 violation or attempted violation of subsection (2) or (3)(b).
1 (6) The values of land, interest in land, money, personal
2 property, use of the instrument, facility, article, or valuable
3 thing, service, larger amount obtained, or smaller amount sold or
4 disposed of in separate incidents pursuant to a scheme or course
5 of conduct within any 12-month period may be aggregated to
6 determine the total value involved in the violation of this
7 section.
8 (7) If the prosecuting attorney intends to seek an enhanced
9 sentence based upon the defendant having 1 or more prior
10 convictions, the prosecuting attorney shall include on the
11 complaint and information a statement listing the prior
12 conviction or convictions. The existence of the defendant's
13 prior conviction or convictions shall be determined by the court,
14 without a jury, at sentencing or at a separate hearing for that
15 purpose before sentencing. The existence of a prior conviction
16 may be established by any evidence relevant for that purpose,
17 including, but not limited to, 1 or more of the following:
18 (a) A copy of the judgment of conviction.
19 (b) A transcript of a prior trial, plea-taking, or
20 sentencing.
21 (c) Information contained in a presentence report.
22 (d) The defendant's statement.
23 (8) If the sentence for a conviction under this section is
24 enhanced by 1 or more prior convictions, those prior convictions
25 shall not be used to further enhance the sentence for the
26 conviction pursuant to section 10, 11, or 12 of chapter IX of the
27 code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and
Senate Bill No. 1009 as amended April 28, 2004
1 769.12.
2 (9) As used in this section, "false pretense" includes, but
3 is not limited to, a false or fraudulent representation, writing,
4 communication, statement, or message, communicated by any means
5 to another person, that the maker of the representation, writing,
6 communication, statement, or message knows is false or
7 fraudulent. The false pretense may be a representation regarding
8 a past or existing fact or circumstance or a representation
9 regarding the intention to perform a future event or to have a
10 future event performed.
<<Enacting section 1. This amendatory act takes effect September 1, 2004.>>