SENATE BILL No. 1234

 

 

April 27, 2006, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.

 

 

 

     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 at the time of the violation.