SB-1114, As Passed House, December 11, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1114

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 356 (MCL 750.356), as amended by 1998 PA 311.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 356. (1) A person who commits larceny by stealing any of

the following property of another person is guilty of a crime as

provided in this section:

(a) Money, goods, or chattels.

(b) A bank note, bank bill, bond, promissory note, due bill,

bill of exchange or other bill, draft, order, or certificate.

to become due, or to be delivered.

(d) A deed or writing containing a conveyance of land or other

valuable contract in force.

(e) A receipt, release, or defeasance.

(f) A writ, process, or public record.

(g) Nonferrous metal.

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

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

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

property stolen, whichever is greater, or both imprisonment and a

fine:

(a) The property stolen has a value of $20,000.00 or more.

(b) The person violates subsection (3)(a) and has 2 or more

prior convictions for committing or attempting to commit an offense

under this section. For purposes of this subdivision, however, a

prior conviction does not include a conviction for a violation or

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

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

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

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

property stolen, whichever is greater, or both imprisonment and a

fine:

(a) The property stolen has a value of $1,000.00 or more but

less than $20,000.00.

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

prior convictions for committing or attempting to commit an offense

under this section. For purposes of this subdivision, however, a

prior conviction does not include a conviction for a violation or

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

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

misdemeanor punishable by imprisonment for not more than 1 year or

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

property stolen, whichever is greater, or both imprisonment and a

fine:

(a) The property stolen has a value of $200.00 or more but

less than $1,000.00.

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

convictions for committing or attempting to commit an offense under

this section or a local ordinance substantially corresponding to

this section.

(5) If the property stolen has a value of less than $200.00,

the person is guilty of a misdemeanor punishable by imprisonment

for not more than 93 days or a fine of not more than $500.00 or 3

times the value of the property stolen, whichever is greater, or

both imprisonment and a fine.

(6) If the property stolen is nonferrous metal, then, as used

in this section, "the value of the property stolen" means the

greatest of the following:

(a) The replacement cost of the stolen nonferrous metal.

(b) The cost of repairing the damage caused by the larceny of

the nonferrous metal.

(7) ~~(6)~~ The values of property stolen in separate incidents

pursuant to a scheme or course of conduct within any 12-month

period may be aggregated to determine the total value of property

stolen.

Senate Bill No. 1114 (S-1) as amended December 11, 2008

(8) ~~(7)~~ If the prosecuting attorney intends to seek an

enhanced sentence based upon the defendant having 1 or more prior

convictions, the prosecuting attorney shall include on the

complaint and information a statement listing the prior conviction

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

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

sentencing or at a separate hearing for that purpose before

sentencing. The existence of a prior conviction may be established

by any evidence relevant for that purpose, including, but not

limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

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

(d) The defendant's statement.

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

enhanced by 1 or more prior convictions, those prior convictions

shall not be used to further enhance the sentence for the

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

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

769.12.

(10) As used in this section, "nonferrous metal" means a metal

that does not contain significant quantities of ferrous metal but

contains copper, brass, platinum-based metals, aluminum, bronze,

lead, zinc, nickel, or alloys of those metals.

Enacting section 1. This amendatory act takes effect [April 1,

2009. ]

Enacting section 2. This amendatory act does not take effect