September 17, 2008, Introduced by Rep. Sak and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 361a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 361a. (1) A person who commits larceny by stealing all or
part of a tomb, monument, gravestone, or all or part of a
commemorative, decorative, or other cemetery-related article
containing nonferrous metal is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $500.00, or both.
(2) The court shall award restitution for the value of the
nonferrous metal article stolen. The court may award costs
regarding any aspect of a prosecution brought under subsection (1).
(3) As used in this section:
(a) "Nonferrous metal" means a metal that does not contain
significant amounts of ferrous metal but contains copper, brass,
platinum-based metals, aluminum, bronze, lead, zinc, or alloys of
those metals.
(b) "Value of the nonferrous metal article stolen" means the
greatest of the following:
(i) The replacement of cost of the stolen article.
(ii) The cost of repairing the damage caused by the larceny of
that article.
(iii) The total of subparagraphs (i) and (ii).