SB-0029, As Passed Senate, October 19, 2016Senate

Text Box: SENATE BILL No. 29

 

Text Box: SENATE BILL No. 29

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 29

 

 

January 22, 2015, Introduced by Senators JONES, BIEDA, ROCCA, HERTEL, JOHNSON, HOOD, YOUNG, KNEZEK, KOWALL and KNOLLENBERG and referred to the Committee on Judiciary.

 

 

 

      A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending sections 16b, 34, 40, 46, and 49 of chapter XVII (MCL

 

777.16b, 777.34, 777.40, 777.46, and 777.49), section 16b as

 

amended by 2008 PA 562, section 34 as added by 1998 PA 317,

 

section 40 as amended by 2014 PA 350, section 46 as amended by

 

1999 PA 227, and section 49 as amended by 2002 PA 137.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                           CHAPTER XVII

 

 2        Sec. 16b. This chapter applies to the following felonies

 

 3  enumerated in chapter 750 of the Michigan Compiled Laws:

 

 

4

M.C.L.

Category

Class

Description

Stat Max

5

750.49(2)(a) to (d)

Pub ord

F

Fighting animals or providing facilities for animal fights

4


1

750.49(2)(e)

Pub ord

F

Organizing or promoting animal fights

4

2

750.49(2)(f)

Pub ord

H

Attending animal fight

4

3

750.49(2)(g)

Pub ord

F

Breeding or selling fighting animals

4

4

750.49(2)(h)

Pub ord

F

Selling or possessing equipment for animal fights

4

5

750.49(8)

Person

A

Inciting fighting animal resulting in death

Life

6

750.49(9)

Person

F

Inciting fighting animal to attack

4

7

750.49(10)

Person

D

Fighting animal attacking without provocation and death resulting

15

8

750.50(4)(c)

Pub ord

GF

Animal neglect or cruelty involving 4 or more animals but fewer than 10 animals or with 1 prior conviction

2

9

750.50(4)(d)

Pub ord

FE

Animal neglect or cruelty involving 10 or more animals but fewer than 25 animals or with 2 or more prior convictions

4

10

750.50(4)(e)

Pub ord

E

Animal neglect or cruelty involving 25 or more animals or with 3 or more prior convictions

7

11

750.50(4)(f)

Pub ord

E

Animal neglect or cruelty by breeder or pet shop operator with 5 or more prior violations of 1969 PA 287, MCL 287.331 to 287.340

2

12

750.50b(3) 750.50b(6)

Property

FD

Killing First degree killing or torturing animals

410


1

750.50b(7)

Property

E

Second degree killing or torturing animals

7

2

750.50b(8)

Property

F

Third degree killing or torturing animals

4

3

750.50c(5)

Pub ord

E

Killing or causing serious physical harm to law enforcement animal or search and rescue dog

5

4

750.50c(7)

Pub saf

H

Harassing or causing harm to law enforcement animal or search and rescue dog while committing crime

2

5

750.68

Property

G

Changing brands with intent to steal

4

 

 

 6        Sec. 34. (1) Offense variable 4 is psychological injury to a

 

 7  victim. Score offense variable 4 by determining which of the

 

 8  following apply and by assigning the number of points

 

 9  attributable to the one that has the highest number of points:

 

 

10

     (a) Serious psychological injury requiring

11

professional treatment occurred to a victim.........  10 points

12

     (b) For a conviction under section 50b of

13

the Michigan penal code, 1931 PA 328, MCL 750.50b,

14

serious psychological injury requiring professional

15

treatment occurred to the owner of a companion

16

animal...............................................  5 points

17

     (c) (b) No serious psychological injury requiring

18

professional treatment occurred to a victim.........   0 points

 

 

19        (2) Score 10 points if the serious psychological injury may

 

20  require professional treatment. In making this determination, the

 

21  fact that treatment has not been sought is not conclusive.


 

 1        Sec. 40. (1) Offense variable 10 is exploitation of a

 

 2  vulnerable victim. Score offense variable 10 by determining which

 

 3  of the following apply and by assigning the number of points

 

 4  attributable to the one that has the highest number of points:

 

 

5

     (a) Predatory conduct was involved.............  15 points

6

     (b) The offender exploited a victim's physical

7

disability, mental disability, youth or agedness,

8

or a domestic relationship, or the offender abused

9

his or her authority status.........................  10 points

10

     (c) The offender exploited a victim by his or

11

her difference in size or strength, or both, or

12

exploited a victim who was intoxicated, under the

13

influence of drugs, asleep, or unconscious..........   5 points

14

     (d) The offender did not exploit a victim's

15

vulnerability.......................................   0 points

 

 

16        (2) The mere existence of 1 or more factors described in

 

17  subsection (1) does not automatically equate with victim

 

18  vulnerability.

 

19        (3) As used in this section:

 

20        (a) "Predatory conduct" means preoffense conduct directed at

 

21  a victim, or a law enforcement officer posing as a potential

 

22  victim, for the primary purpose of victimization.

 

23        (b) "Exploit" means to manipulate a victim for selfish or

 

24  unethical purposes. Exploit also means to violate section 50b of

 

25  the Michigan penal code, 1931 PA 328, MCL 750.50b, for the

 

26  purpose of manipulating a victim for selfish or unethical

 

27  purposes.


 

 1        (c) "Vulnerability" means the readily apparent

 

 2  susceptibility of a victim to injury, physical restraint,

 

 3  persuasion, or temptation.

 

 4        (d) "Abuse of authority status" means a victim was exploited

 

 5  out of fear or deference to an authority figure, including, but

 

 6  not limited to, a parent, physician, or teacher.

 

 7        Sec. 46. (1) Offense variable 16 is property obtained,

 

 8  damaged, lost, or destroyed. Score offense variable 16 by

 

 9  determining which of the following apply and by assigning the

 

10  number of points attributable to the one that has the highest

 

11  number of points:

 

 

12

     (a) For a conviction under section 50 of the

13

Michigan penal code, 1931 PA 328, MCL 750.50, the

14

property was 25 or more animals.....................  25 points

15

     (b) For a conviction under section 50 of the

16

Michigan penal code, 1931 PA 328, MCL 750.50, the

17

property was 10 or more animals but fewer than 25

18

animals.............................................  10 points

19

     (c) (a) Wanton or malicious damage occurred

20

beyond that necessary to commit the crime for

21

which the offender is not charged and will not be

22

charged.............................................  10 points

23

     (d) (b) The property had a value of more than

24

$20,000.00 or had significant historical, social,

25

or sentimental value................................  10 points

26

     (e) (c) The property had a value of $1,000.00

27

or more but not more than $20,000.00................   5 points

28

     (f) (d) The property had a value of $200.00


1

or more but not more than $1,000.00.................   1 point

2

     (g) (e) No property was obtained, damaged,

3

lost, or destroyed or the property had a value of

4

less than $200.00...................................   0 points

 

 

 5        (2) All of the following apply to scoring offense variable

 

 6  16:

 

 7        (a) In multiple offender or victim cases, the appropriate

 

 8  points may be determined by adding together the aggregate value

 

 9  of the property involved, including property involved in

 

10  uncharged offenses or charges dismissed under a plea agreement.

 

11        (b) In cases in which the property was obtained unlawfully,

 

12  lost to the lawful owner, or destroyed, use the value of the

 

13  property in scoring this variable. If the property was damaged,

 

14  use the monetary amount appropriate to restore the property to

 

15  pre-offense condition in scoring this variable.

 

16        (c) The amount of money or property involved in admitted but

 

17  uncharged offenses or in charges that have been dismissed under a

 

18  plea agreement may be considered.

 

19        Sec. 49. Offense variable 19 is threat to the security of a

 

20  penal institution or court or interference with the

 

21  administration of justice or the rendering of emergency services.

 

22  Score offense variable 19 by determining which of the following

 

23  apply and by assigning the number of points attributable to the

 

24  one that has the highest number of points:

 

 

25

      (a) The offender by his or her conduct threatened

26

the security of a penal institution or court........  25 points


1

      (b) The offender used force or the threat of

2

force against another person or the property of

3

another person to interfere with, attempt to interfere

4

with, or that results in the interference with the

5

administration of justice or the rendering of emergency

6

services............................................  15 points

7

      (c) The offender otherwise interfered with or

8

attempted to interfere with the administration of

9

justice, or directly or indirectly violated a personal

10

protection order....................................  10 points

11

      (d) The offender did not threaten the security

12

of a penal institution or court or interfere with

13

or attempt to interfere with the administration of

14

justice or the rendering of emergency services by

15

force or threat of force.............................  0 points

          <<Enacting section 1. This amendatory act takes effect

    April 1, 2016.>>

 

16        Enacting section <<2>>. This amendatory act does not take effect

 

17  unless Senate Bill No. 28                                       

 

18            of the 98th Legislature is enacted into law.