House Introduced Bill 4557

HOUSE BILL No. 4557


     April 17, 2001, Introduced by Reps. Daniels, Phillips, Hansen, Neumann, Hardman, Clark, Minore, Williams, Gieleghem,
Woodward, Rich Brown and McConico and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 72, 83, 88, 89, 91, 110, 213, 317, 349,

   520b, 520c, 520d, 529, and 530 (MCL 750.72, 750.83, 750.88,

   750.89, 750.91, 750.110, 750.213, 750.317, 750.349, 750.520b,

   750.520c, 750.520d, 750.529, and 750.530), section 110 as amended

   by 1994 PA 270, section 520b as amended by 1983 PA 158,

   section 520c as amended by 2000 PA 227, and section 520d as

   amended by 1996 PA 155, and by adding section 506b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 72.  Burning dwelling house--Any  A person who

 2
       wilfully  WILLFULLY or maliciously burns  any  AN OCCUPIED
   OR

 3
      UNOCCUPIED dwelling house,  either occupied or unoccupied,  or

 4
      the contents  thereof  OF A DWELLING HOUSE, whether owned by

 5
       himself  THE PERSON or another PERSON, or any building within


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      the curtilage of  such  THE dwelling house, or the contents

 2
       thereof, shall be  OF THE BUILDING, IS guilty of a felony  ,
   

 3
      punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

 4
      imprisonment  in the state prison  FOR not more than 20 years.

 5
           Sec. 83.  Assault with intent to commit murder--Any  A

 6
      person who  shall assault  ASSAULTS another PERSON with THE

 7
      intent to commit  the crime of  murder  , shall be  IS
   guilty of

 8
      a felony  ,  punishable, EXCEPT AS OTHERWISE PROVIDED IN

 9
      SECTION 506B, by imprisonment  in the state prison  for life or

10
      any  number  TERM of years.

11
           Sec. 88.  Assault with intent to rob and steal being

12
      unarmed--Any  A person  ,  not  being 
   armed with a dangerous

13
      weapon  ,  who  shall assault  ASSAULTS another PERSON with
   force

14
      and violence, and with THE intent to rob and steal,  shall be  IS

15
      guilty of a felony  ,  punishable, EXCEPT AS OTHERWISE PROVIDED

16
      IN SECTION 506B, by imprisonment  in the state prison  FOR not

17
      more than 15 years.

18
           Sec. 89.  Assault with intent to rob and steal being

19
      armed--Any  A person  , being  armed with a dangerous
   weapon  , 

20
      or  any  AN article used or fashioned in a manner to lead a

21
      person  so  WHO IS assaulted reasonably to believe it  to be
    IS

22
      a dangerous weapon  ,  who  shall assault  ASSAULTS another

23
      PERSON with THE intent to rob and steal  shall be  IS guilty of a

24
      felony  ,  punishable, EXCEPT AS OTHERWISE PROVIDED IN

25
      SECTION 506B, by imprisonment  in the state prison  for life  ,
   

26
      or  for  any term of years.





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           Sec. 91.  Attempt to murder by poisoning, etc.--Any  A

 2
      person who  shall attempt  ATTEMPTS to commit the crime of murder

 3
      by poisoning, drowning, or strangling another person, or by any

 4
      means not constituting the crime of assault with intent to

 5
      murder,  shall be  IS guilty of a felony  ,  punishable,
   EXCEPT

 6
      AS OTHERWISE PROVIDED IN SECTION 506B, by imprisonment  in the

 7
      state prison  for life or any term of years.

 8
           Sec. 110.  A person who breaks and enters, with intent to

 9
      commit a felony or a larceny therein, a tent, hotel, office,

10
      store, shop, warehouse, barn, granary, factory or other building,

11
      structure, boat, ship  ,  or railroad car is guilty of a felony

12
       ,  punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

13
      imprisonment for not more than 10 years.

14
           Sec. 213.  Malicious threats to extort money--Any  A person

15
      who  shall, either  orally or by a written or printed communica-

16
      tion  ,  maliciously  threaten  THREATENS to accuse another

17
      PERSON of  any  A crime or offense, or  shall  orally or by
    any 

18
      A written or printed communication maliciously  threaten any 

19
      THREATENS AN injury to the person or property or mother, father,

20
      husband, wife, or child of another PERSON, with THE intent

21
       thereby  to extort money or any pecuniary advantage,  whatever,
   

22
      or with THE intent to compel the person  so  threatened to do or

23
      refrain from doing  any  AN act against  his  THE PERSON'S
   will,

24
       shall be  IS guilty of a felony  ,  punishable, EXCEPT AS
   OTHER-

25
      WISE PROVIDED IN SECTION 506B, by imprisonment  in the state

26
      prison  FOR not more than 20 years or  by  a fine of not
   more

27
      than $10,000.00,  dollars  OR BOTH.



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           Sec. 317.  Second degree murder--All other kinds of murder

 2
      shall be  MURDER OTHER THAN MURDER OF THE FIRST DEGREE AS DEFINED

 3
      IN SECTION 316 IS murder of the second degree, and shall be

 4
      punished, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

 5
      imprisonment  in the state prison  for life  ,  or any term
   of

 6
      years.  , in the discretion of the court trying the same. 

 7
           Sec. 349.  (1)  Confining person against will, etc.--Any  A

 8
      person who  wilfully  WILLFULLY, maliciously, and without lawful

 9
      authority  shall  forcibly or secretly  confine or imprison
   

10
      CONFINES OR IMPRISONS any other person within this state against

11
       his  THE PERSON'S will,  or shall  forcibly  carry
    CARRIES or

12
       send such  SENDS THE person out of this state, or  shall 
   forc-

13
      ibly  seize or confine, or shall inveigle or kidnap  SEIZES, CON-

14
      FINES, INVEIGLES, OR KIDNAPS any other person with THE intent to

15
      extort money or ANY other valuable thing  thereby  or with THE

16
      intent either to cause  such  THE person to be secretly confined

17
      or imprisoned in this state against  his  THE PERSON'S will, or

18
      in any way held to service against  his  THE PERSON'S will,

19
       shall be  IS guilty of a felony  ,  punishable, EXCEPT AS
   OTHER-

20
      WISE PROVIDED IN SECTION 506B, by imprisonment  in the state

21
      prison  for life or  for  any term of years.

22
           (2)  Every offense mentioned  AN OFFENSE DESCRIBED in this

23
      section may be tried either in the county in which the  same may

24
      have been  OFFENSE WAS committed or in any county in or through

25
      which the person  so  seized, taken, inveigled, OR kidnaped, or

26
      whose services  shall be  WERE sold or transferred,  shall have

27
      been  WAS taken, confined, held, carried, or brought.  ; and



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      upon the trial of any such  IN A TRIAL FOR AN offense UNDER THIS

 2
      SECTION, the consent  thereto  of the person  , so  TO
   BEING

 3
      taken, inveigled, kidnaped, or confined,  shall  OR HAVING HIS OR

 4
      HER SERVICES SOLD OR TRANSFERRED, IS not  be  a defense  , 

 5
      unless  it shall be made satisfactorily to appear to the jury

 6
      that such  THE consent was not obtained by fraud  nor  OR

 7
      extorted by duress or by  threats  A THREAT.

 8
           SEC. 506B.  (1) A PERSON WHO IS CONVICTED OF A VIOLATION OF

 9
      SECTION 72, 83, 88, 89, 91, 110, 213, 317, 349, 520B, 520C, 520D,

10
      529, OR 530 IN WHICH A VICTIM IS AN ELDERLY PERSON AND WHO HAS 1

11
      OR MORE PRIOR CONVICTIONS SHALL BE PUNISHED AS FOLLOWS:

12
           (A) IF THE PERSON HAS 1 PRIOR CONVICTION, BY IMPRISONMENT

13
      FOR A MINIMUM TERM OF NOT LESS THAN 5 YEARS.

14
           (B) IF THE PERSON HAS 2 PRIOR CONVICTIONS, BY IMPRISONMENT

15
      FOR A MINIMUM TERM OF NOT LESS THAN 10 YEARS.

16
           (C) IF THE PERSON HAS 3 OR MORE PRIOR CONVICTIONS, BY

17
      IMPRISONMENT FOR LIFE.

18
           (2) A PERSON DESCRIBED IN SUBSECTION (1)(A) OR (B) MAY BE

19
      SENTENCED TO IMPRISONMENT FOR LIFE IF THAT PUNISHMENT IS PERMIT-

20
      TED BY LAW FOR THAT OFFENSE.  A PERSON SENTENCED TO A MINIMUM

21
      TERM OF IMPRISONMENT UNDER SUBSECTION (1)(A) OR (B) SHALL BE SEN-

22
      TENCED TO A MAXIMUM TERM AS PROVIDED BY LAW FOR THAT OFFENSE.

23
           (3) A MANDATORY TERM OF IMPRISONMENT IMPOSED UNDER

24
      SUBSECTION (1) SHALL NOT BE SUSPENDED.  A PERSON SENTENCED TO A

25
      MANDATORY TERM OF IMPRISONMENT UNDER SUBSECTION (1) IS NOT ELIGI-

26
      BLE FOR PROBATION OR PAROLE DURING THAT MANDATORY TERM.





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           (4) A SENTENCE IMPOSED UNDER THIS SECTION SHALL RUN

 2
      CONSECUTIVELY TO ANY OTHER SENTENCE IMPOSED AGAINST THE PERSON

 3
      THAT ARISES OUT OF THE SAME TRANSACTION OR OCCURRENCE FROM WHICH

 4
      THE SENTENCE UNDER THIS SECTION AROSE.

 5
           (5) AS USED IN THIS SECTION:

 6
           (A) "ELDERLY PERSON" MEANS A PERSON 60 YEARS OF AGE OR

 7
      OLDER.

 8
           (B) "PRIOR CONVICTION" MEANS A PREVIOUS CONVICTION FOR A

 9
      VIOLATION OF SECTION 72, 83, 88, 89, 91, 110, 213, 317, 349,

10
      520B, 520C, 520D, 529, OR 530 IN WHICH THE VICTIM WAS AN ELDERLY

11
      PERSON.

12
           (C) "VICTIM" MEANS AN INDIVIDUAL WHO SUFFERS DIRECT OR

13
      THREATENED PHYSICAL, FINANCIAL, OR EMOTIONAL HARM AS A RESULT OF

14
      THE VIOLATION.

15
           Sec. 520b.  (1) A person is guilty of criminal sexual con-

16
      duct in the first degree if he or she engages in sexual penetra-

17
      tion with another person and  if  any of the following circum-

18
      stances  exists  EXIST:

19
           (a) That other person is under 13 years of age.

20
           (b) That other person is at least 13 but less than 16 years

21
      of age and any of the following CIRCUMSTANCES EXIST:

22
           (i) The actor is a member of the same household as the

23
      victim.

24
           (ii) The actor is related to the victim by blood or affinity

25
      to the fourth degree.

26
           (iii) The actor is in a position of authority over the

27
      victim and used this authority to coerce the victim to submit.



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           (c) Sexual penetration occurs under circumstances involving

 2
      the commission of any other felony.

 3
           (d) The actor is aided or abetted by 1 or more other persons

 4
      and either of the following circumstances exists:

 5
           (i) The actor knows or has reason to know that the victim is

 6
      mentally incapable, mentally incapacitated, or physically

 7
      helpless.

 8
           (ii) The actor uses force or coercion to accomplish the

 9
      sexual penetration.  Force or coercion includes but is not

10
      limited to any of the circumstances listed in subdivision (f)(i)

11
      to (v).

12
           (e) The actor is armed with a weapon or any article used or

13
      fashioned in a manner to lead the victim  to  reasonably TO

14
      believe it to be a weapon.

15
           (f) The actor causes personal injury to the victim and force

16
      or coercion is used to accomplish sexual penetration.  Force or

17
      coercion includes but is not limited to any of the following

18
      circumstances:

19
           (i) When the actor overcomes the victim through the actual

20
      application of physical force or physical violence.

21
           (ii) When the actor coerces the victim to submit by threat-

22
      ening to use force or violence on the victim, and the victim

23
      believes that the actor has the present ability to execute these

24
      threats.

25
           (iii) When the actor coerces the victim to submit by threat-

26
      ening to retaliate in the future against the victim, or any other

27
      person, and the victim believes that the actor has the ability to



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      execute this threat.  As used in this subdivision, "to retaliate"

 2
      includes threats of physical punishment, kidnapping, or

 3
      extortion.

 4
           (iv) When the actor engages in the medical treatment or

 5
      examination of the victim in a manner or for purposes  which 

 6
      THAT are medically recognized as unethical or unacceptable.

 7
           (v) When the actor, through concealment or by the element of

 8
      surprise, is able to overcome the victim.

 9
           (g) The actor causes personal injury to the victim, and the

10
      actor knows or has reason to know that the victim is mentally

11
      incapable, mentally incapacitated, or physically helpless.

12
           (h) That other person is mentally incapable, mentally dis-

13
      abled, mentally incapacitated, or physically helpless, and any of

14
      the following CIRCUMSTANCES EXIST:

15
           (i) The actor is related to the victim by blood or affinity

16
      to the fourth degree.

17
           (ii) The actor is in a position of authority over the victim

18
      and used this authority to coerce the victim to submit.

19
           (2) Criminal sexual conduct in the first degree is a felony

20
      punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

21
      imprisonment  in the state prison  for life or  for  any
   term of

22
      years.

23
           Sec. 520c.  (1) A person is guilty of criminal sexual con-

24
      duct in the second degree if the person engages in sexual contact

25
      with another person and if any of the following circumstances

26
       exists  EXIST:





   00986'01
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 1
           (a) That other person is under 13 years of age.

 2
           (b) That other person is at least 13 but less than 16 years

 3
      of age and any of the following CIRCUMSTANCES EXIST:

 4
           (i) The actor is a member of the same household as the

 5
      victim.

 6
           (ii) The actor is related by blood or affinity to the fourth

 7
      degree to the victim.

 8
           (iii) The actor is in a position of authority over the

 9
      victim and the actor used this authority to coerce the victim to

10
      submit.

11
           (c) Sexual contact occurs under circumstances involving the

12
      commission of any other felony.

13
           (d) The actor is aided or abetted by 1 or more other persons

14
      and either of the following circumstances exists:

15
           (i) The actor knows or has reason to know that the victim is

16
      mentally incapable, mentally incapacitated, or physically

17
      helpless.

18
           (ii) The actor uses force or coercion to accomplish the

19
      sexual contact.  Force or coercion includes, but is not limited

20
      to, any of the circumstances listed in  sections 

21
      SECTION 520b(1)(f)(i) to (v).

22
           (e) The actor is armed with a weapon, or any article used or

23
      fashioned in a manner to lead a person  to  reasonably TO believe

24
      it to be a weapon.

25
           (f) The actor causes personal injury to the victim and force

26
      or coercion is used to accomplish the sexual contact.  Force or





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 1
      coercion includes, but is not limited to, any of the

 2
      circumstances listed in section 520b(1)(f)(i) to (v).

 3
           (g) The actor causes personal injury to the victim and the

 4
      actor knows or has reason to know that the victim is mentally

 5
      incapable, mentally incapacitated, or physically helpless.

 6
           (h) That other person is mentally incapable, mentally dis-

 7
      abled, mentally incapacitated, or physically helpless, and any of

 8
      the following CIRCUMSTANCES EXIST:

 9
           (i) The actor is related to the victim by blood or affinity

10
      to the fourth degree.

11
           (ii) The actor is in a position of authority over the victim

12
      and used this authority to coerce the victim to submit.

13
           (i) That other person is under the jurisdiction of the

14
      department of corrections and the actor is an employee or a con-

15
      tractual employee of, or a volunteer with, the department of cor-

16
      rections who knows that the other person is under the jurisdic-

17
      tion of the department of corrections.

18
           (j) That other person is under the jurisdiction of the

19
      department of corrections and the actor is an employee or a con-

20
      tractual employee of, or a volunteer with, a private vendor that

21
      operates a youth correctional facility under section 20g of 1953

22
      PA 232, MCL 791.220g, who knows that the other person is under

23
      the jurisdiction of the department of corrections.

24
           (k) That other person is a prisoner or probationer under the

25
      jurisdiction of a county for purposes of imprisonment or a work

26
      program or other probationary program and the actor is an

27
      employee or a contractual employee of or a volunteer with the



   00986'01
                                  11

 1
      county or the department of corrections who knows that the other

 2
      person is under the county's jurisdiction.

 3
           (l) The actor knows or has reason to know that a court has

 4
      detained the victim in a facility while the victim is awaiting a

 5
      trial or hearing, or committed the victim to a facility as a

 6
      result of the victim having been found responsible for committing

 7
      an act that would be a crime if committed by an adult, and the

 8
      actor is an employee or contractual employee of, or a volunteer

 9
      with, the facility in which the victim is detained or to which

10
      the victim was committed.

   11      (2) Criminal sexual conduct in the second degree is a felony

12
      punishable, EXCEPT AS PROVIDED IN SECTION 506B, by imprisonment

13
      for not more than 15 years.

14
           Sec. 520d.  (1) A person is guilty of criminal sexual con-

15
      duct in the third degree if the person engages in sexual penetra-

16
      tion with another person and if any of the following circum-

17
      stances exist:

18
           (a) That other person is at least 13 years of age and under

19
      16 years of age.

20
           (b) Force or coercion is used to accomplish the sexual

21
      penetration.  Force or coercion includes but is not limited to

22
      any of the circumstances listed in section 520b(1)(f)(i) to (v).

23
           (c) The actor knows or has reason to know that the victim is

24
      mentally incapable, mentally incapacitated, or physically

25
      helpless.

26
           (d) That other person is related to the actor by blood or

27
      affinity to the third degree and the sexual penetration occurs



   00986'01
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 1
      under circumstances not otherwise prohibited by this chapter.  It

 2
      is an affirmative defense to a prosecution under this subdivision

 3
      that the other person was in a position of authority over the

 4
      defendant and used this authority to coerce the defendant to vio-

 5
      late this subdivision.  The defendant has the burden of proving

 6
      this defense by a preponderance of the evidence.  This subdivi-

 7
      sion does not apply if both persons are lawfully married to each

 8
      other at the time of the alleged violation.

 9
           (2) Criminal sexual conduct in the third degree is a felony

10
      punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

11
      imprisonment for not more than 15 years.

12
           Sec. 529.  Any  A person who  shall assault  ASSAULTS

13
      another  ,  PERSON and  shall  feloniously  rob,
   steal and take

14
      from his  ROBS, STEALS, AND TAKES FROM THE OTHER person, or in

15
       his  THE OTHER PERSON'S presence, any money or other property  ,

16
      which  THAT may be the subject of larceny  , such robber being
   

17
      WHILE armed with a dangerous weapon  ,  or any article used or

18
      fashioned in a manner to lead the person  so  assaulted  to
    rea-

19
      sonably TO believe it to be a dangerous weapon  , shall be  IS

20
      guilty of a felony  ,  punishable, EXCEPT AS OTHERWISE PROVIDED

21
      IN SECTION 506B, by imprisonment  in the state prison  for life

22
      or  for  any term of years.  If an aggravated assault or serious

23
      injury is inflicted by any person while  committing an armed rob-

24
      bery as defined in  VIOLATING this section, EXCEPT AS OTHERWISE

25
      PROVIDED IN SECTION 506B, the  sentence  PERSON shall be

26
      SENTENCED TO IMPRISONMENT FOR not less than 2 YEARS.  years'

27
      imprisonment in the state prison. 



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           Sec. 530.  Robbery unarmed--Any  A person who  shall, 
   by

 2
      force and violence  ,  or by assault or putting in fear  , 
   felo-

 3
      niously  rob, steal and take  ROBS, STEALS, AND TAKES from the

 4
      person of another, or in  his  THE OTHER PERSON'S presence, any

 5
      money or other property  which  THAT may be the subject of larce-

 6
      ny,  such robber  WHILE not  being  armed with a dangerous

 7
      weapon,  shall be  IS guilty of a felony  ,  punishable,
   EXCEPT

 8
      AS OTHERWISE PROVIDED IN SECTION 506B, by imprisonment  in the

 9
      state prison  FOR not more than 15 years.






































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