HOUSE BILL No. 5096

December 1, 2015, Introduced by Reps. Chang, Garrett, Plawecki, Neeley, Brunner, Rutledge, Talabi, Chirkun, Liberati, Brinks, Cochran, Byrd, Robinson, Pagan, Pscholka, Banks, Geiss, Darany, Sarah Roberts, Yanez, Irwin, Hoadley, Wittenberg, Guerra, Callton, Phelps, Love, Santana, Lucido, Moss, Townsend, Tedder and Zemke and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending the title and sections 282 and 383a (MCL 750.282 and

 

750.383a), the title as amended by 2010 PA 107, section 282 as

 

amended by 1987 PA 32, and section 383a as amended by 2008 PA 413.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to revise, consolidate, codify, and add to the statutes

 

relating to crimes; to define crimes and certain state civil

 

infractions and prescribe the penalties, sanctions, and remedies;

 

to provide for restitution under certain circumstances; to provide

 

for the competency of evidence at the trial of persons accused of

 

crime; to provide immunity from prosecution for certain witnesses


appearing at criminal trials; to provide for liability for damages;

 

and to repeal certain acts and parts of acts inconsistent with or

 

contravening any of the provisions of this act.

 

     Sec. 282. (1) A person shall not do any of the following:

 

     (a) Willfully or fraudulently injure, or fraudulently allow to

 

be injured, a meter, wire, line, pipe, or appliance belonging to a

 

water, steam, electric, or gas company, or propane gas dealer or

 

distributor.

 

     (b) Willfully or fraudulently prevent a water, steam,

 

electric, gas, or propane gas meter belonging to a water, steam,

 

electric, or gas company, or propane gas dealer or distributor from

 

duly registering the quantity of water, steam, electric current,

 

gas, or propane gas measured through the meter, or in any way

 

hinder or interfere with the meter's proper action or just

 

registration.

 

     (c) Attach a line, wire, or pipe to a line, wire, pipe, or

 

main belonging to a water, steam, electric, or gas company, or

 

propane gas dealer or distributor. This subdivision does not apply

 

to the use of a ground wire to ground an electrical system.

 

     (d) Willfully or fraudulently interfere with a pressure

 

regulator device on a propane gas tank or incorporated into a

 

propane gas system.

 

     (e) Use or burn or cause to be used or burned any water,

 

steam, electric current, gas, or propane gas supplied by a water,

 

steam, electric, or gas company, or propane gas dealer or

 

distributor, without the written consent of the company or the

 

propane gas dealer or distributor, or the authorized agent or

 


officer of the company or the propane gas dealer or distributor,

 

unless the water, steam, electric current, gas, or propane gas

 

passes through a meter or is measured by a meter set by the company

 

or the propane gas dealer or distributor; fraudulently use the

 

water, steam, electric current, gas, or propane gas, or

 

fraudulently waste the water, steam, electric current, gas, or

 

propane gas supplied by a water, steam, electric, or gas company,

 

or propane gas dealer or distributor.

 

     (2) A person who violates subsection (1) is guilty of a crime

 

or responsible for a state civil infraction as follows:

 

     (a) The person is guilty of a misdemeanor if the value of the

 

water, steam, electric current, gas, or propane gas used, burned,

 

or wasted, or the damage caused, as a result of the violation, is

 

not more than $500.00.

 

     (b) A person who violates subsection (1) is guilty of a felony

 

if the value of the water, steam, electric current, gas, or propane

 

gas used, burned, or wasted, or the damage caused, as a result of

 

the violation, is more than $500.00.

 

     (c) A person who violates subsection (1) by tampering with a

 

water utility line for the purpose of avoiding a water service

 

shutoff to his or her residence due to an inability to pay for

 

water service is guilty of a misdemeanor or responsible for a state

 

civil infraction as follows:

 

     (i) For a first offense, the person is responsible for a state

 

civil infraction and may be ordered to perform not more than 100

 

hours of community service.

 

     (ii) For a second offense, the person is responsible for a

 


state civil infraction and may be fined not more than $500.00.

 

     (iii) For a third or subsequent offense, the person is guilty

 

of a misdemeanor punishable by a fine of not more than $1,000.00.

 

     (3) A criminal prosecution under this section shall not in any

 

way impair the right of the company or the propane gas dealer or

 

distributor to full compensation in damages by civil action.

 

     (4) The provisions of this This section shall extend and apply

 

applies to all offenses against all water, steam, electric, or gas

 

companies, or propane gas dealers or distributors, and boards or

 

municipalities owning or operating plants for producing,

 

manufacturing, furnishing, transmitting, or conducting water,

 

steam, electricity, or gas, either natural, liquefied, or

 

artificial.

 

     (5) A person who attaches any line, wire, or pipe or any other

 

device or process to any line, wire, or pipe of a water, steam,

 

electric, or gas company, or propane gas dealer or distributor

 

which interferes with the proper operation and just registration of

 

a meter within the meaning of this section, or who interferes with

 

a pressure regulator device on a propane gas tank or incorporated

 

into a propane gas system, is presumed to do so with intent to

 

avoid, or to enable another to avoid, payment for the service

 

involved.

 

     (6) In all prosecutions under this section, proof that the

 

defendant, other than a lessor, had control of or occupied the

 

premises where the offense was committed, or received the benefit

 

of the water, steam, electric current, gas, or propane gas used or

 

consumed, shall be prima facie evidence of a violation of this

 


section.

 

     Sec. 383a. (1) A person, without lawful authority, shall not

 

willfully cut, break, obstruct, injure, destroy, tamper with or

 

manipulate, deface, or steal any machinery, tools, equipment,

 

telephone line or post, telegraph line or post, telecommunication

 

line, tower, or post, electric line, post, tower or supporting

 

structures, electric wire, insulator, switch, or signal, natural

 

gas pipeline, water pipeline, steam heat pipeline or the valves or

 

other appliances or equipment appertaining to or used in connection

 

with those lines, or any other appliance or component of the

 

electric, telecommunication, water, or natural gas infrastructure

 

that is the property of a utility. A Except as provided in

 

subsection (2), a person who violates this section is guilty of a

 

felony punishable by imprisonment for not more than 5 years or a

 

fine of not more than $5,000.00, or both.

 

     (2) A person who violates subsection (1) by tampering with a

 

water utility line for the purpose of avoiding a water service

 

shutoff to his or her residence due to an inability to pay for

 

water service is guilty of a misdemeanor or responsible for a

 

municipal civil infraction as follows:

 

     (a) For a first offense, the person is responsible for a state

 

civil infraction and may be ordered to perform not more than 100

 

hours of community service.

 

     (b) For a second offense, the person is responsible for a

 

state civil infraction and may be fined not more than $500.00.

 

     (c) For a third or subsequent offense, the person is guilty of

 

a misdemeanor punishable by a fine of not more than $1,000.00.

 


     (3) As used in this section, "utility" includes any pipeline,

 

gas, electric, heat, water, oil, sewer, telephone, telegraph,

 

telecommunication, radio, railway, railroad, airplane,

 

transportation, communication or other system, whether or not

 

publicly owned, that is operated for the public use.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.