HB-5693, As Passed Senate, December 13, 2012
HOUSE BILL No. 5693
May 29, 2012,
Introduced by Reps. Cotter, Heise, Zorn, MacGregor, LeBlanc, Horn and Lyons and
referred to the Committee on Judiciary.
A
bill to amend 1931 PA 328, entitled
"The
Michigan penal code,"
by
amending sections 74, 75, and 76 (MCL 750.74, 750.75, and
750.76),
section 74 as amended by 1998 PA 312.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
74. (1) A person who willfully and maliciously burns any
personal
property, other than personal property specified in
section
72 or 73, owned by himself or herself or another person is
guilty
of a crime as follows:
(a)
If the value of the personal property burned or intended
to
be burned is 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
personal
property burned or intended to be burned, whichever is
greater,
or both imprisonment and a fine.
(b)
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
personal
property burned or intended to be burned, whichever is
greater,
or both imprisonment and a fine:
(i) The value of the personal property burned or
intended to be
burned
is $200.00 or more but less than $1,000.00.
(ii) The person violates subdivision (a) and has 1 or
more
prior
convictions for committing or attempting to commit an offense
under
this section or a local ordinance substantially corresponding
to
this section.
(c)
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
personal
property burned or intended to be burned, whichever is
greater,
or both imprisonment and a fine:
(i) The value of the personal property burned or
intended to be
burned
is $1,000.00 or more but less than $20,000.00.
(ii) The person violates subdivision (b)(i) and has 1 or more
prior
convictions for violating or attempting to violate this
section.
For purposes of this subparagraph, however, a prior
conviction
does not include a conviction for a violation or
attempted
violation of subdivision (a) or (b)(ii).
(d)
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
personal
property burned or intended to be burned, whichever is
greater,
or both imprisonment and a fine:
(i) The personal property burned or intended to be
burned has a
value
of $20,000.00 or more.
(ii) The person violates subdivision (c)(i) and has 2 or more
prior
convictions for committing or attempting to commit an offense
under
this section. For purposes of this subparagraph, however, a
prior
conviction does not include a conviction for a violation or
attempted
violation of subdivision (a) or (b)(ii).
(2)
The values of personal property burned or intended to be
burned
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 personal property burned or intended to be
burned.
(3)
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.
(4)
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
pursuant to 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.
(1)
Except as provided in sections 72 and 73, a person who
does
any of the following is guilty of third degree arson:
(a)
Willfully or maliciously burns, damages, or destroys by
fire
or explosive any building or structure, or its contents,
regardless
of whether it is occupied, unoccupied, or vacant at the
time
of the fire or explosion.
(b)
Willfully and maliciously burns, damages, or destroys by
fire
or explosive any of the following or its contents:
(i) Any personal property having a value of
$20,000.00 or more.
(ii) Any personal property having a value of
$1,000.00 or more
if
the person has 1 or more prior convictions.
(2)
Subsection (1) applies regardless of whether the person
owns
the building, structure, other real property or its contents,
or
the personal property.
(3)
Third degree arson is a felony punishable by imprisonment
for
not more than 10 years or a fine of not more than $20,000.00 or
3
times the value of the property damaged or destroyed, whichever
is
greater, or both imprisonment and a fine.
Sec.
75. Burning of insured property—Any person who shall
wilfully
burn any building or personal property which shall be at
the
time insured against loss or damage by fire with intent to
injure
and defraud the insurer, whether such person be the owner of
the
property or not, shall be guilty of a felony, punishable by
imprisonment
in the state prison not more than 10 years.
(1)
Except as provided in sections 72, 73, and 74, a person
who
does any of the following is guilty of fourth degree arson:
(a)
Willfully and maliciously burns, damages, or destroys by
fire
or explosive any of the following or its contents:
(i) Any personal property having a value of
$1,000.00 or more,
but
less than $20,000.00.
(ii) Any personal property having a value of $200.00
or more if
the
person has 1 or more prior convictions.
(b)
Willfully or negligently sets fire to a woods, prairie, or
grounds
of another person or permits fire to pass from his or her
own
woods, prairie, or grounds to another person's property causing
damage
or destruction to that other property.
(2)
Subsection (1)(a) applies regardless of whether the person
owns
the personal property.
(3)
Fourth degree arson is 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 property damaged or destroyed, whichever
is
greater, or both imprisonment and a fine.
Sec.
76. Applicability of preceding sections—The preceding
sections
of this chapter shall apply to a married woman who may
commit
any of the offenses herein described although the property
burnt
may belong partly or wholly to her husband; and said
preceding
sections shall also apply to a married man although the
property
burnt may belong partly or wholly to his wife; and
although
said property may be occupied by such married man or
married
woman, or by such married man and wife as a residence.
(1)
A person who willfully or maliciously burns, damages, or
destroys
by fire or explosive any of the following or the contents
of
any of the following is guilty of arson of insured property:
(a)
Any dwelling that is insured against loss from fire or
explosion
if the person caused the fire or explosion with the
intent
to defraud the insurer.
(b)
Except as provided in subdivision (a), any building,
structure,
or other real property that is insured against loss from
fire
or explosion if the person caused the fire or explosion with
the
intent to defraud the insurer.
(c)
Any personal property that is insured against loss by fire
or
explosion if the person caused the fire or explosion with the
intent
to defraud the insurer.
(2)
Subsection (1) applies regardless of whether the person
owns
the dwelling, building, structure, other real property, or
personal
property.
(3)
Arson of insured property is a felony punishable as
follows:
(a)
If the person violates subsection (1)(a), imprisonment for
life
or any term of years or a fine of not more than $20,000.00 or
3
times the value of the property damaged or destroyed, whichever
is
greater, or both imprisonment and a fine.
(b)
If the person violates subsection (1)(b), imprisonment for
not
more than 20 years or a fine of not more than $20,000.00 or 3
times
the value of the property damaged or destroyed, whichever is
greater,
or both imprisonment and a fine.
(c)
If the person violates subsection (1)(c), imprisonment for
not
more than 10 years or a fine of not more than $20,000.00 or 3
times
the value of the property damaged or destroyed, whichever is
greater,
or both imprisonment and a fine.
Enacting
section 1. This amendatory act takes effect 90 days
after
the date it is enacted into law.
Enacting
section 2. This amendatory act does not take effect
unless
all of the following bills of the 96th Legislature are
enacted
into law:
(a)
Senate Bill No. _____ or House Bill No. 5692(request no.
03575'11).
(b)
Senate Bill No. _____ or House Bill No. 5694(request no.
05787'12).