CONCEALMENT OF A STOLEN VEHICLE: 

ENHANCED PENALTIES FOR REPEAT OFFENSES

House Bills 4895 & 4896

Sponsor:  Rep. Klint Kesto

Committee:  Criminal Justice

Complete to 10-1-13

A SUMMARY OF HOUSE BILLS 4895 & 4896 AS INTRODUCED 7-18-13

House Bill 4895 would create an enhanced penalty for a conviction of buying, receiving, or concealing a motor vehicle for a defendant who already had a prior conviction for that crime or for a felony conviction of buying, receiving, or embezzling money or property. 

House Bill 4896 would place the new felony sentence within the sentencing guidelines and is tie-barred to House Bill 4895.

House Bill 4895 would amend the Michigan Penal Code (MCL 750.535).  Currently, a person who buys, receives, possesses, conceals, or aids in the concealment of a stolen motor vehicle, knowing or having reason to know or believe that the vehicle is stolen, embezzled, or converted, is guilty of a felony punishable by imprisonment for not more than five years and/or a fine.  The fine cannot be more than $10,000 or three times the value of the vehicle, whichever is greater.  There is not now an enhanced penalty for a repeat offense.  The bill would add the enhanced penalty.

Under the bill, a person who committed the above crime would be guilty of a felony punishable by imprisonment for not more than 10 years and/or a fine of not more than $15,000 or three times the value of the vehicle involved if the person also had one or more prior convictions of either or both of the following:

o                    Buying, receiving, possessing, or concealing, or aiding in the concealment of a stolen, embezzled, or converted motor vehicle, or the attempt to do so.

o                    Buying, receiving, possessing, concealing, or aiding in the concealment of money, goods, or property known or believed to be stolen, converted, or embezzled (or attempting to do so) that resulted in a felony conviction.

House Bill 4896 would amend the Code of Criminal Procedure (MCL 777.16z) to specify that receiving or concealing a stolen motor vehicle, second or subsequent offense, would be a Class D felony involving property with a maximum term of imprisonment of 10 years. 

FISCAL IMPACT:

A fiscal analysis is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                   Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.