SENATE BILL NO. 1122


   May 7, 1998, Introduced by Senator GOUGEON and referred to the
        Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 174a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 174A.  (1) A GUARDIAN, CONSERVATOR, PERSONAL REPRESEN-

 2    TATIVE, TRUSTEE, OR OTHER FIDUCIARY WHO IS APPOINTED UNDER THE

 3    MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106, OR THE

 4    REVISED PROBATE CODE, 1978 PA 642, MCL 700.1 TO 700.993, SHALL

 5    NOT FRAUDULENTLY DISPOSE OF OR CONVERT TO HIS OR HER OWN USE, OR

 6    TAKE OR SECRETE WITH THE INTENT TO DISPOSE OF OR CONVERT TO HIS

 7    OR HER OWN USE WITHOUT THE APPOINTING COURT'S CONSENT, ANY MONEY

 8    OR PROPERTY OF THE PERSON OR ESTATE FOR WHOM HE OR SHE IS A

 9    GUARDIAN, CONSERVATOR, PERSONAL REPRESENTATIVE, TRUSTEE, OR

10    FIDUCIARY.




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 1         (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

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

 3    FINE OF NOT MORE THAN $5,000.00, OR BOTH.


















































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