May 29, 2012, Introduced by Reps. Graves, Heise, Zorn, MacGregor, LeBlanc, Horn and Lyons and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 77, 78, and 79 (MCL 750.77, 750.78, and
750.79), section 77 as amended by 1998 PA 312.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
77. (1) A person who uses, arranges, places, devises, or
distributes
an inflammable, combustible, or explosive material,
liquid,
or substance or any device in or near a building or
property
described in section 72, 73, 74, or 75 with intent to
willfully
and maliciously set fire to or burn the building or
property
or who aids, counsels, induces, persuades, or procures
another
to do so is guilty of a crime as follows:
(a)
If the property intended to be burned is personal or real
property,
or both, with a combined value 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
combined value of the property intended to be burned, whichever
is
greater, or both imprisonment and a fine.
(b)
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 combined value of
the
property intended to be burned, whichever is greater, or both
imprisonment
and a fine:
(i) The property intended to be burned is personal or
real
property,
or both, with a combined value of $200.00 or more but
less
than $1,000.00.
(ii) The person violates subdivision (a) 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.
(c)
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 combined value of
the
property intended to be burned, whichever is greater, or both
imprisonment
and a fine:
(i) The property intended to be burned is personal or
real
property,
or both, with a combined value of $1,000.00 or more but
less
than $20,000.00.
(ii) The person violates subdivision (b)(i) and has 1 or more
prior
convictions for violating or attempting to violate this
section.
For purposes of this subparagraph, however, a prior
conviction
does not include a conviction for a violation or
attempted
violation of subdivision (a) or (b)(ii).
(d)
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 combined value of
the
property intended to be burned, whichever is greater, or both
imprisonment
and a fine:
(i) The property is personal or real property, or
both, with a
combined
value of $20,000.00 or more.
(ii) The person violates subdivision (c)(i) and has 2 or more
prior
convictions for committing or attempting to commit an offense
under
this section. For purposes of this subparagraph, however, a
prior
conviction does not include a conviction for committing or
attempting
to commit an offense for a violation or attempted
violation
of subdivision (a) or (b)(ii).
(2)
The combined value of property intended to be burned 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 intended to be burned.
(3)
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)
The total value of property intended to be burned.
(b)
A transcript of a prior trial, plea-taking, or sentencing.
(c)
Information contained in a presentence report.
(d)
The defendant's statement.
(4)
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.
(1) Except as provided in sections 72 to 76, a person who
intentionally damages or destroys by fire or explosive any of the
following or its contents is guilty of sixth degree arson:
(a) Any personal property having a value of $200.00 or more
but less than $1,000.00, if the person has 1 or more prior
convictions.
(b) Any personal property having a value of less than $200.00,
if the person has 1 or more prior convictions.
(2) Subsection (1) applies regardless of whether the person
owns the personal property or its contents.
(3) Sixth degree arson is a misdemeanor punishable by 1 or
more of the following:
(a) Imprisonment for not more than 1 year.
(b) A fine of not more than $2,000.00 or 3 times the value of
the property damaged or destroyed, whichever is greater.
(4) As used in this section:
(a) "Personal property" includes an automobile, van, truck,
motorcycle, trailer, and other personally owned property.
(b) "Prior conviction" means a prior conviction for a
violation of this chapter that arises out of a separate transaction
from the violation of this section.
Sec.
78. Wilfully setting fire to woods, etc.—Any person who
shall
wilfully or negligently set fire to any woods, prairies or
grounds,
not his property, or shall wilfully permit any fire to
pass
from his own woods, prairies or grounds, to the injury or
destruction
of the property of any other person, shall be guilty of
a
felony.
(1) Except as provided in sections 72 to 77, a person shall
not intentionally do any of the following:
(a) Willfully and maliciously burn, damage, or destroy by fire
or explosive any of the following or its contents:
(i) Any personal property having a value of $200.00 or more but
less than $1,000.00.
(ii) Any personal property having a value of less than $200.00,
if the person has 1 or more prior convictions.
(iii) Any personal property having a value of less than $200.00.
(b) Negligently, carelessly, or recklessly set fire to a hotel
or motel or its contents, and, by setting that fire, endanger the
life or property of another person.
(2) Subsection (1) applies regardless of whether the person
owns the building, structure, hotel, motel, or its contents, or the
personal property.
(3) A violation of this section is a misdemeanor punishable as
follows:
(a) If the person violates subsection (1)(a)(i) or (ii),
imprisonment for not more than 1 year and a fine of not more than
$2,000.00 or 3 times the value of the property damaged, whichever
is greater.
(b) If the person violates subsection (1)(a)(iii) or (b),
imprisonment for not more than 93 days and a fine of not more than
$500.00 or 3 times the value of the property damaged, whichever is
greater.
Sec.
79. Clearing land by fire and disposing of refuse
materials
in townships—Whenever in pursuance of the authority given
by
law, any township board shall, by order, rule or regulation,
designate
a period during which it shall be unlawful to set forest
fires
or fires for the purpose of clearing lands, and disposing by
burning
of refuse material and waste matter within its respective
jurisdiction
or any part thereof, any person who shall be found
guilty
of violating the orders, rules and regulations of such board
by
setting any such fire in such township contrary to the
provisions
thereof shall be guilty of a felony: Provided, That any
person
desiring to dispose of refuse material by burning the same
during
the time prohibited by the board of such township, may do so
after
first procuring permission in writing, signed by the
supervisor
and township clerk, or by a majority of such township
board,
and the said supervisor and township clerk, or a majority of
the
said board are hereby authorized to grant such permission in
their
discretion, under such conditions as they may prescribe, upon
application
made in writing for such purpose: Provided further,
That
said board is hereby authorized at any time to repeal by
resolution
any order, rule or regulation herein mentioned.
(1) A person who uses, arranges, places, devises, or
distributes an inflammable, combustible, or explosive material,
liquid, or substance or any device in or near a building,
structure, other real property, or personal property with the
intent to commit arson in any degree or who aids, counsels,
induces, persuades, or procures another to do so is guilty of a
crime as follows:
(a) If the property has a combined 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 combined value of the property damaged or destroyed,
whichever is greater, or both imprisonment and a fine.
(b) 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 combined value of
the property damaged or destroyed, whichever is greater, or both
imprisonment and a fine:
(i) The property has a combined value of $200.00 or more but
less than $1,000.00.
(ii) The person violates subdivision (a) 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.
(c) 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 combined value of
the property damaged or destroyed, whichever is greater, or both
imprisonment and a fine:
(i) The property has a combined value of $1,000.00 or more but
less than $20,000.00.
(ii) The person violates subdivision (b)(i) and has 1 or more
prior convictions for violating or attempting to violate this
section. For purposes of this subparagraph, however, a prior
conviction does not include a conviction for a violation or
attempted violation of subdivision (a) or (b)(ii).
(iii) Except as provided in subdivisions (d) and (e), the
property is a building, structure, or real property. This
subparagraph applies regardless of whether the person owns the
building, structure, or other real property.
(d) 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 combined value of
the property damaged or destroyed, whichever is greater, or both
imprisonment and a fine:
(i) The property has a combined value of $20,000.00 or more.
(ii) The person violates subdivision (c)(i) and has 2 or more
prior convictions for committing or attempting to commit an offense
under this section. For purposes of this subparagraph, however, a
prior conviction does not include a conviction for committing or
attempting to commit an offense for a violation or attempted
violation of subdivision (a) or (b)(ii).
(iii) The property has a value of more than $2,000.00 and is
insured against loss by fire or explosion and the person caused the
fire or explosion with the intent to defraud the insurer.
(iv) Except as provided in subdivisions (c)(iii) and (e) and
subparagraphs (v) and (vi), the property is a building, structure,
or other real property, and the fire or explosion results in injury
to any individual. This subparagraph applies regardless of whether
the person owns the building, structure, or other real property.
(v) Except as provided in subdivisions (c)(iii) and (e) and
subparagraph (vi), the property is a building, structure, or other
real property and insured against loss from fire or explosion, and
the person caused the fire or explosion with the intent to defraud
the insurer. This subparagraph applies regardless of whether the
person owns the building, structure, or other real property.
(vi) The property is a dwelling. This subparagraph applies
regardless of whether the person owns the dwelling.
(e) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 15 years or a
fine of not more than $20,000.00 or 3 times the combined value of
the property intended to be burned or destroyed, whichever is
greater, or both imprisonment and a fine:
(i) The property is a dwelling and is insured against loss by
fire or explosion if the person caused the fire or explosion with
the intent to defraud the insurer. This subparagraph applies
regardless of whether the person owns the property.
(ii) The property is a dwelling and the fire or explosion
results in physical injury to any individual.
(2) The combined value of property intended to be burned 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 damaged or destroyed.
(3) 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) The total value of property damaged or destroyed.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(4) 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 under 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. _____ or House Bill No. 5692(request no.
03575'11).
(b) Senate Bill No. _____ or House Bill No. 5693(request no.
05786'12).