SB-1234, As Passed Senate, May 10, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1234

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 535 (MCL 750.535), as amended by 2002 PA 720.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 535. (1) A person shall not buy, receive, possess,

conceal, or aid in the concealment of stolen, embezzled, or

converted money, goods, or property knowing, or having reasonable

cause to believe, that the money, goods, or property is stolen,

embezzled, or converted.

     (2) If any of the following apply, a person who violates

subsection (1) 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 value of the property purchased, received, possessed, or

concealed, whichever is greater, or both imprisonment and a fine:

     (a) The property purchased, received, possessed, or concealed

has a value of $20,000.00 or more.

     (b) The  person violates subsection (3)(a) and  property

purchased, received, possessed, or concealed has a value of

$1,000.00 or more but less than $20,000.00, and the person has 2 or

more prior convictions for committing or attempting to commit an

offense under this section. For purposes of this subdivision,

however, a prior conviction does not include a conviction for a

violation or attempted violation of subsection (4)(b) or (5).

     (3) If any of the following apply, a person who violates

subsection (1) 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 value of the property purchased, received, possessed, or

concealed, whichever is greater, or both imprisonment and a fine:

     (a) The property purchased, received, possessed, or concealed

has a value of $1,000.00 or more but less than $20,000.00.

     (b) The  person violates subsection (4)(a) and  property

purchased, received, possessed, or concealed has a value of $200.00

or more but less than $1,000.00, and the person has 1 or more prior

convictions for committing or attempting to commit an offense under

this section. For purposes of this subdivision, however, a prior

conviction does not include a conviction for a violation or

attempted violation of subsection (4)(b) or (5).

     (4) If any of the following apply, a person who violates

subsection (1) 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 value of the property purchased, received,

possessed, or concealed, whichever is greater, or both imprisonment

and a fine:

     (a) The property purchased, received, possessed, or concealed

has a value of $200.00 or more but less than $1,000.00.

     (b) The  person violates subsection (5) and  property

purchased, received, possessed, or concealed has a value of less

than $200.00, and the person 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.

     (5) If the property purchased, received, possessed, or

concealed has a value of less than $200.00, a person who violates

subsection (1) 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 value of the property purchased, received,

possessed, or concealed, whichever is greater, or both imprisonment

and a fine.

     (6) The values of property purchased, received, possessed, or

concealed 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 purchased, received, possessed, or

concealed.

     (7) A person shall not buy, receive, possess, conceal, or aid

in the concealment of a stolen motor vehicle knowing, or having

reasonable cause to believe, that the motor vehicle is stolen,

embezzled, or converted. A person who violates this subsection 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 value of

the motor vehicle purchased, received, possessed, or concealed,

whichever is greater, or both imprisonment and a fine. A person who

is charged with, convicted of, or punished for a violation of this

subsection shall not be convicted of or punished for a violation of

another provision of this section arising from the purchase,

receipt, possession, concealment, or aiding in the concealment of

the same motor vehicle. This subsection does not prohibit the

person from being charged, convicted, or punished under any other

applicable law.

     (8) 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) A copy of the judgment of conviction.

     (b) A transcript of a prior trial, plea-taking, or sentencing.

     (c) Information contained in a presentence report.

     (d) The defendant's statement.

     (9) A person who is a dealer in or collector of merchandise or

personal property, or the agent, employee, or representative of a

dealer or collector of merchandise or personal property who fails

to reasonably inquire whether the person selling or delivering the

stolen, embezzled, or converted property to the dealer or collector

has a legal right to do so or who buys or receives stolen,

embezzled, or converted property that has a registration, serial,

or other identifying number altered or obliterated on an external

surface of the property, is presumed to have bought or received the

property knowing the property is stolen, embezzled, or converted.

This presumption is rebuttable.

     (10) 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.

     (11) It is not a defense to a charge under this section that

the property was not stolen, embezzled, or converted property at

the time of the violation if the property was explicitly

represented to the accused person as being stolen, embezzled, or

converted property.