SENATE BILL No. 402

April 19, 2001, Introduced by Senator VAN REGENMORTER and referred to the Committee

on Judiciary.

A bill to amend 1976 PA 223, entitled

"An act to create an agency concerned with crime victim services;

to prescribe its powers and duties; to provide compensation to

certain victims of crimes; to provide for the promulgation of

rules; and to provide for penalties,"

by amending section 16 (MCL 18.366), as amended by 1996 PA 519.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 16. (1) A person who, with intent to defraud or cheat

2 by falsely presenting the facts and circumstances of a crime to

3 the commission, causes an award of money to be made under this

4 act to any person is guilty of a crime as follows:

5 (a) If the award is less than $100.00 $200.00, a misde-

6 meanor punishable by imprisonment for not more than 3 months 93

7 DAYS or a fine of not more than $1,000.00, or both.

8 (b) If the award is $100.00 or more ANY OF THE FOLLOWING

9 APPLY, THE PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY

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1 IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

2 $2,000.00 OR 3 TIMES THE AMOUNT OF THE AWARD, WHICHEVER IS GREAT-

3 ER, OR BOTH IMPRISONMENT AND A FINE:

4 (i) THE AWARD IS $200.00 OR MORE BUT LESS THAN $1,000.00.

5 (ii) THE PERSON VIOLATES SUBDIVISION (A) AND HAS 1 OR MORE

6 PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

7 OFFENSE UNDER THIS SECTION.

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

9 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A

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

11 AWARD, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE:

12 (i) THE AWARD IS $1,000.00 OR MORE BUT LESS THAN

13 $20,000.00.

14 (ii) THE PERSON VIOLATES SUBDIVISION (B)(i) AND HAS 1 OR

15 MORE PRIOR CONVICTIONS FOR VIOLATING OR ATTEMPTING TO VIOLATE

16 THIS SECTION. FOR PURPOSES OF THIS SUBPARAGRAPH, HOWEVER, A

17 PRIOR CONVICTION DOES NOT INCLUDE A CONVICTION FOR VIOLATING OR

18 ATTEMPTING TO VIOLATE SUBDIVISION (A) OR (B)(ii).

19 (D) IF ANY OF THE FOLLOWING APPLY, THE PERSON IS GUILTY OF a

20 felony punishable by imprisonment for not more than 10 years or a

21 fine of not more than $15,000.00 OR 3 TIMES THE AMOUNT OF THE

22 AWARD, WHICHEVER IS GREATER, or both IMPRISONMENT AND A FINE:

23 (i) THE AWARD IS $20,000.00 OR MORE.

24 (ii) THE PERSON VIOLATES SUBDIVISION (C)(i) AND HAS 2 OR

25 MORE PRIOR CONVICTIONS FOR COMMITTING OR ATTEMPTING TO COMMIT AN

26 OFFENSE UNDER THIS SECTION. FOR PURPOSES OF THIS SUBPARAGRAPH,

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

2 VIOLATING OR ATTEMPTING TO VIOLATE SUBDIVISION (A) OR (B)(ii).

3 (2) A person who makes public or discloses to an unautho-

4 rized person information which THAT is confidential under this

5 act is guilty of a misdemeanor punishable by imprisonment for not

6 more than 3 months 93 DAYS or a fine of not more than

7 $1,000.00, or both.

8 (3) AWARDS IN VIOLATION OF THIS SECTION IN SEPARATE INCI-

9 DENTS PURSUANT TO A SCHEME OR COURSE OF CONDUCT WITHIN ANY

10 12-MONTH PERIOD MAY BE AGGREGATED TO DETERMINE THE TOTAL AWARDS.

11 (4) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED

12 SENTENCE BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVIC-

13 TIONS, THE PROSECUTING ATTORNEY SHALL INCLUDE ON THE COMPLAINT

14 AND INFORMATION A STATEMENT LISTING THE PRIOR CONVICTION OR

15 CONVICTIONS. THE EXISTENCE OF THE DEFENDANT'S PRIOR CONVICTION

16 OR CONVICTIONS SHALL BE DETERMINED BY THE COURT, WITHOUT A JURY,

17 AT SENTENCING OR AT A SEPARATE HEARING FOR THAT PURPOSE BEFORE

18 SENTENCING. THE EXISTENCE OF A PRIOR CONVICTION MAY BE ESTAB-

19 LISHED BY ANY EVIDENCE RELEVANT FOR THAT PURPOSE, INCLUDING, BUT

20 NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

21 (A) A COPY OF THE JUDGMENT OF CONVICTION.

22 (B) A TRANSCRIPT OF A PRIOR TRIAL, PLEA-TAKING, OR

23 SENTENCING.

24 (C) INFORMATION CONTAINED IN A PRESENTENCE REPORT.

25 (D) THE DEFENDANT'S STATEMENT.

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