HOUSE BILL No. 4444


     March 5, 1997, Introduced by Reps. Curtis, Nye, Profit, Dalman, Green, Kukuk and Walberg and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 356, 356a, 356c, 356d, 362a, 377a, 380, 387,

   and 535 (MCL 750.356, 750.356a, 750.356c, 750.356d, 750.362a,

   750.377a, 750.380, 750.387, and 750.535), sections 356c and 356d

   as added by 1988 PA 20.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 356.  (1)  Any  A person who  shall commit the offense

 2     of  COMMITS larceny  ,  by stealing  ,  ANY of the FOLLOWING

 3    property of another  , any money  PERSON IS GUILTY OF A CRIME AS

 4    PROVIDED IN THIS SECTION:

 5         (A) MONEY, goods, or chattels.  , or any 

 6         (B) A bank note, bank bill, bond, promissory note, due bill,

 7    bill of exchange or other bill, draft, order, or certificate.  ,

 8     or any 


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 1         (C) A book of accounts for or concerning money or goods due,

 2     or  to become due, or to be delivered.  or any 

 3         (D) A deed or writing containing a conveyance of land  , or

 4     any  OR other valuable contract in force.  , or any 

 5         (E) A receipt, release, or defeasance.  , or any 

 6         (F) A writ, process, or public record.  , if the property

 7     stolen exceed the value of $100.00, shall be 

 8         (2) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF A

 9    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A

10    FINE OF NOT MORE THAN $15,000.00 OR 3 TIMES THE VALUE OF THE

11    PROPERTY STOLEN, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A

12    FINE:

13         (A) THE PROPERTY STOLEN HAS A VALUE OF $20,000.00 OR MORE.

14         (B) THE PERSON VIOLATES SUBSECTION (3)(A) AND HAS 2 OR MORE

15    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

16    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

17    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

18    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

19         (3) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS guilty of a

20    felony  ,  punishable by imprisonment  in the state prison  FOR

21    not more than 5 years or  by  A fine of not more than

22     $2,500.00.  $10,000.00 OR 3 TIMES THE VALUE OF THE PROPERTY

23    STOLEN, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

24         (A) THE PROPERTY STOLEN HAS A VALUE OF $1,000.00 OR MORE BUT

25    LESS THAN $20,000.00.

26         (B) THE PERSON VIOLATES SUBSECTION (4)(A) AND HAS 1 OR MORE

27    PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN



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 1    OFFENSE UNDER THIS SECTION.  FOR PURPOSES OF THIS SUBDIVISION,

 2    HOWEVER, A PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR A

 3    VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (4)(B) OR (5).

 4         (4) If any of the following apply, the person is guilty of a

 5    misdemeanor punishable by imprisonment for not more than 1 year

 6    or a fine of not more than $2,000.00 or 3 times the value of the

 7    property stolen, whichever is greater, or both imprisonment and a

 8    fine:

 9         (a) The property stolen has a value of $200.00 or more but

10    less than $1,000.00.

11         (b) The person violates subsection (5) and has 1 or more

12    prior convictions for committing or attempting to commit an

13    offense under this section or a local ordinance substantially

14    corresponding to this section.

15         (5) If the property stolen  shall be of the  HAS A value of

16     $100.00 or  less THAN $200.00,  such  THE person  shall be  IS

17    guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE

18    THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00 OR 3 TIMES THE

19    VALUE OF THE PROPERTY STOLEN, WHICHEVER IS GREATER, OR BOTH

20    IMPRISONMENT AND A FINE.

21         (6) THE VALUES OF PROPERTY STOLEN IN SEPARATE INCIDENTS PUR-

22    SUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY 12-MONTH PERIOD

23    MAY BE AGGREGATED TO DETERMINE THE TOTAL VALUE OF PROPERTY

24    STOLEN.

25         (7) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

26    SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR

27    CONVICTIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE



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 1    COMPLAINT AND INFORMATION A STATEMENT LISTING THE PRIOR

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