INCREASED PENALTIES FOR CRIMES AGAINST NURSING HOME RESIDENTS

House Bill 4309

Sponsor: Rep. Lisa Wojno

Committee: Criminal Justice

Complete to 4-21-03

A SUMMARY OF HOUSE BILL 4309 AS INTRODUCED 2-27-03

The bill would amend the Michigan Penal Code to specify that, notwithstanding any other provision of the act, a court could order a person convicted of a crime against certain vulnerable persons to pay a fine that is double the fine otherwise authorized, or, if the crime was not otherwise punishable by a fine, to pay a fine in the amount listed below. ("Fines" would not include court costs or other assessments.) The bill would apply when the victim of the crime was a resident or patient of a nursing home, home for the aged, county medical care facility, or adult foster care facility.

For crimes not otherwise punishable by a fine, the fines (in addition to any authorized penalty) would be as follows:

·              for a misdemeanor punishable by imprisonment for less than six months, a fine of up to $200;

·              for a misdemeanor punishable by imprisonment for up to six months, a fine of up to $500;

·              for a misdemeanor punishable by imprisonment for up to one year, a fine of up to $1,000;

·              for a misdemeanor punishable by imprisonment for more than one year and up to two years, or for a felony punishable by imprisonment for up to two years, a fine of up to $2,000;

·              for a felony punishable by imprisonment for two to four years, a fine of up to $4,000;

·              for a felony punishable by imprisonment for up to five years, a fine of up to $5,000; and

·              for a felony punishable by imprisonment for more than five years or for life, a fine of up to $10,000.

The bill would apply to violations committed on or after the effective date of the bill.

MCL 750.506d

Analyst: S. Stutzky

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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.