TREBLE DAMAGES FOR THEFT H.B. 4356 (H-2): FLOOR ANALYSIS
House Bill 4356 (Substitute H-2 as reported without amendment)
Sponsor: Representative Tory Rocca
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act (RJA) to allow a person to recover three times the amount of actual damages, plus costs and reasonable attorney fees, for another person's theft of property. The bill also would add possessing and concealing to a provision that presently allows treble damages for another person's buying, receiving, or aiding in the concealment of stolen property.
Currently, a person damaged as a result of another person's buying, receiving, or aiding in the concealment of stolen, embezzled, or converted property, when the person buying, receiving, or aiding in the concealment knew that the property was stolen, embezzled, or converted, may recover three times the amount of actual damages sustained, plus costs and reasonable attorney's fees.
The bill specifies, instead, that a person damaged as a result of either or both of the following could recover three times the amount of actual damages sustained, plus costs and reasonable attorney fees:
-- Another person's stealing or embezzling property or converting property to the other person's own use.
-- Another person's buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property, when the person knew that the property was stolen, embezzled, or converted.
As with the current provision, the remedy provided by the bill would be in addition to any other right or remedy the person had at law or otherwise.
The bill specifies that it would apply to causes of action that arose after its effective date.
MCL 600.2919a Legislative Analyst: Patrick Affholter
FISCAL IMPACT
To the extent that the bill would increase the number of civil actions brought, it could increase local court costs.
Date Completed: 5-25-05 Fiscal Analyst: Bethany Wicksall
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. hb4356/0506