SB-0459, As Passed House, May 29, 2012
June 15, 2011, Introduced by Senators EMMONS, SCHUITMAKER, COLBECK, BIEDA, ROCCA, YOUNG, NOFS, JONES, HANSEN, HILDENBRAND, PROOS, KAHN and MARLEAU and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 159g, 174a, and 273 (MCL 750.159g, 750.174a,
and 750.273), section 159g as amended by 2010 PA 362 and section
174a as amended by 2004 PA 255.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 159g. As used in this chapter, "racketeering" means
committing, attempting to commit, conspiring to commit, or aiding
or abetting, soliciting, coercing, or intimidating a person to
commit an offense for financial gain, involving any of the
following:
(a) A felony violation of section 8 of the tobacco products
tax act, 1993 PA 327, MCL 205.428, concerning tobacco product
taxes, or section 9 of former 1947 PA 265, concerning cigarette
taxes.
(b) A violation of section 11151(3) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.11151, or
section 48(3) of former 1979 PA 64, concerning felonious disposal
of hazardous waste.
(c) A felony violation of part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, concerning controlled
substances.
(d) A felony violation of section 60 of the social welfare
act, 1939 PA 280, MCL 400.60, concerning welfare fraud.
(e) A violation of section 4, 5, or 7 of the medicaid false
claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607,
concerning medicaid fraud.
(f) A felony violation of section 18 of the Michigan gaming
control and revenue act, 1996 IL 1, MCL 432.218, concerning the
business of gaming.
(g) A violation of section 508 of the uniform securities act
(2002),
2008 PA 551, MCL 451.2508, concerning securities fraud.
(h) A violation of section 5 or 7 of 1978 PA 33, MCL 722.675
and 722.677, concerning the display or dissemination of obscene
matter to minors.
(i) A felony violation of section 72, 73, 74, 75, or 77,
concerning arson.
(j) A violation of section 93, 94, 95, or 96, concerning bank
bonds, bills, notes, and property.
(k) A violation of section 110 or 110a, concerning breaking
and entering or home invasion.
(l) A violation of section 117, 118, 119, 120, 121, or 124,
concerning bribery.
(m) A violation of section 120a, concerning jury tampering.
(n) A violation of section 145c, concerning child sexually
abusive activity or material.
(o) A violation of section 145d, concerning internet or
computer crimes.
(p) A felony violation of section 157n, 157p, 157q, 157r,
157s, 157t, or 157u, concerning credit cards or financial
transaction devices.
(q) A felony violation of section 174, 175, 176, 180, 181, or
182, concerning embezzlement.
(r) A felony violation of chapter XXXIII, concerning
explosives and bombs.
(s) A violation of section 213, concerning extortion.
(t) A felony violation of section 218, concerning false
pretenses.
(u) A felony violation of section 223(2), 224(1)(a), (b), or
(c), 224b, 224c, 224e(1), 226, 227, 234a, 234b, or 237a, concerning
firearms or dangerous weapons.
(v) A felony violation of chapter XLI, concerning forgery and
counterfeiting.
(w) A violation of section 271, 272, 273, or 274, concerning
securities fraud.
(x) A violation of section 300a, concerning food stamps or
coupons or access devices.
(y) A violation of section 301, 302, 303, 304, 305, 305a, or
313, concerning gambling.
(z) A violation of section 316 or 317, concerning murder.
(aa) A violation of section 330, 331, or 332, concerning horse
racing.
(bb) A violation of section 349, 349a, or 350, concerning
kidnapping.
(cc) A felony violation of chapter LII, concerning larceny.
(dd) A violation of section 411k, concerning money laundering.
(ee) A violation of section 422, 423, 424, or 425, concerning
perjury or subornation of perjury.
(ff) A violation of section 452, 455, 457, 458, or 459,
concerning prostitution.
(gg) A violation of chapter LXVIIA, concerning human
trafficking.
(hh) A violation of section 529, 529a, 530, or 531, concerning
robbery.
(ii) A felony violation of section 535 or 535a, concerning
stolen, embezzled, or converted property.
(jj) A violation of chapter LXXXIII-A, concerning terrorism.
(kk) A violation of section 5 of 1984 PA 343, MCL 752.365,
concerning obscenity.
(ll) A felony violation of the identity theft protection act,
2004 PA 452, MCL 445.61 to 445.77.
(mm) An offense committed within this state or another state
that constitutes racketeering activity as defined in 18 USC
1961(1).
(nn) An offense committed within this state or another state
in violation of a law of the United States that is substantially
similar to a violation listed in subdivisions (a) through (mm).
(oo) An offense committed in another state in violation of a
statute of that state that is substantially similar to a violation
listed in subdivisions (a) through (mm).
(pp) A felony violation of section 909(4) of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1909, concerning
the illegal sale, delivery, or importation of spirits.
Sec. 174a. (1) A person shall not through fraud, deceit,
misrepresentation, coercion, or unjust enrichment obtain or use or
attempt to obtain or use a vulnerable adult's money or property to
directly or indirectly benefit that person knowing or having reason
to know the vulnerable adult is a vulnerable adult.
(2) If the money or property used or obtained, or attempted to
be used or obtained, has a value of less than $200.00, the person
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 money or property used or obtained or attempted to be
used or obtained, whichever is greater, or both imprisonment and a
fine.
(3) If any of the following apply, the person 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 money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $200.00 or more but less than
$1,000.00.
(b) The person violates subsection (2) and has 1 or more prior
convictions for committing or attempting to commit an offense under
this section.
(4) If any of the following apply, the person 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 money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $1,000.00 or more but less than
$20,000.00.
(b) The person violates subsection (3)(a) and 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 (2) or (3)(b).
(5) If any of the following apply, the person 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 money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $20,000.00 or more but less than
$50,000.00.
(b) The person violates subsection (4)(a) and 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 (2) or (3)(b).
(6) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 15 years or a
fine of not more than $15,000.00 or 3 times the value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $50,000.00 or more but less than
$100,000.00.
(b) The person violates subsection (5)(a) and 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 (2) or (3)(b).
(7) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 20 years or a
fine of not more than $50,000.00 or 3 times the value of the money
or property used or obtained or attempted to be used or obtained,
whichever is greater, or both imprisonment and a fine:
(a) The money or property used or obtained, or attempted to be
used or obtained, has a value of $100,000.00 or more.
(b) The person violates subsection (6)(a) and 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 (2) or (3)(b).
(8) (6)
Except as otherwise provided in this subsection, the
values of money or property used or obtained or attempted to be
used or obtained 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 money or personal property used or
obtained or attempted to be used or obtained. If the scheme or
course of conduct is directed against only 1 person, no time limit
applies to aggregation under this subsection.
(9) (7)
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.
(10) (8)
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 under 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) (9)
A financial institution or a broker or a director,
officer, employee, or agent of a financial institution or broker is
not in violation of this section while performing duties in the
normal course of business of a financial institution or broker or a
director, officer, employee, or agent of a financial institution or
broker.
(12) (10)
This section does not prohibit a person from being
charged with, convicted of, or punished for any other violation of
law the person commits while violating this section.
(13) (11)
As used in this section:
(a) "Broker" means that term as defined in section 8102 of the
uniform commercial code, 1962 PA 174, MCL 440.8102.
(b) "Financial institution" means a bank, credit union, saving
bank, or a savings and loan chartered under state or federal law or
an affiliate of a bank, credit union, saving bank, or savings and
loan chartered under state or federal law.
(c) "Vulnerable adult" means that term as defined in section
145m, whether or not the individual has been determined by the
court to be incapacitated.
(14) (12)
If the office of services to the aging becomes aware
of a violation of this section, the office of services to the aging
shall
promptly report the violation to the family independence
agency
department of human services.
Sec.
273. Fraudulently obtaining signature to note, etc.—Any A
person
who shall, by representing that he is the agent of any
person,
company, firm or corporation, or by any other means,
fraudulently
obtain obtains the signature of any person with the
intent
to cheat and defraud such that
person , to any promissory
note,
bill of exchange, due bill, order, contract or any paper
writing
whatever, shall be is guilty of a
felony , punishable by
imprisonment
in the state prison for not more than 10 years or by a
fine
of not more than 5,000 dollars $5,000.00,
or both.