UNEMPLOYMENT FRAUD SENTENCING                                                     H.B. 5461 (H-1):

                                                                                               COMMITTEE SUMMARY

House Bill 5461 (Substitute H-1 as passed by the House)

Sponsor:  Representative Deb Shaughnessy

House Committee:  Commerce

Senate Committee:  Reforms, Restructuring and Reinventing

Date Completed:  10-12-12

CONTENT

The bill would amend the sentencing guidelines in the Code of Criminal Procedure to categorize an unemployment compensation fraud offense as a Class H felony against property subject to a statutory maximum of one year's imprisonment.  This would apply to violations in which a person obtains or withholds an amount of unemployment benefits or payments exceeding $3,500 but less than $25,000 as a result of a knowing false statement or representation or the knowing and willful failure to disclose a material fact.

(That penalty is prescribed in the Michigan Employment Security Act.  The violations in question were designated as felonies by Public Act 269 of 2011.)

MCL 777.14c                                                              Legislative Analyst:  Suzanne Lowe

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                     Fiscal Analyst:  Dan O'Connor

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.