November 29, 2016, Introduced by Senators PROOS, HANSEN, JONES, KOWALL, MARLEAU, PAVLOV, MACGREGOR, EMMONS and KNOLLENBERG and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 535 (MCL 750.535), as amended by 2014 PA 221.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 535. (1) A person shall not buy, receive, possess,
conceal, or aid in the concealment of stolen, embezzled, or
converted money, goods, veteran memorial tombstones or other
veteran cemetery markers, or any other property knowing, or having
reason
to know or reason to believe, that the money, goods, or
property
it is stolen, embezzled, or converted.
(2) If any of the following apply, a person who violates
subsection (1) 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 property purchased, received, possessed, or
concealed, whichever is greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed
has a value of $20,000.00 or more.
(b) The property purchased, received, possessed, or concealed
has a value of $1,000.00 or more but less than $20,000.00, and the
person has 2 or more prior convictions for committing or attempting
to commit an offense under this section. For purposes of this
subdivision, however, a prior conviction does not include a
conviction for a violation or attempted violation of subsection
(4)(b) or (5).
(3) If any of the following apply, a person who violates
subsection (1) 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 property purchased, received, possessed, or
concealed, whichever is greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed
has a value of $1,000.00 or more but less than $20,000.00.
(b) The property purchased, received, possessed, or concealed
has a value of $200.00 or more but less than $1,000.00, and the
person has 1 or more prior convictions for committing or attempting
to commit an offense under this section. For purposes of this
subdivision, however, a prior conviction does not include a
conviction for a violation or attempted violation of subsection
(4)(b) or (5).
(4) If any of the following apply, a person who violates
subsection (1) 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 property purchased, received,
possessed, or concealed, whichever is greater, or both imprisonment
and a fine:
(a) The property purchased, received, possessed, or concealed
has a value of $200.00 or more but less than $1,000.00.
(b) The property purchased, received, possessed, or concealed
has a value of less than $200.00, and the person 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.
(5) If the property purchased, received, possessed, or
concealed has a value of less than $200.00, a person who violates
subsection (1) 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 property purchased, received,
possessed, or concealed, whichever is greater, or both imprisonment
and a fine.
(6) The values of property purchased, received, possessed, or
concealed 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 property purchased, received, possessed, or
concealed.
(7) A person shall not buy, receive, possess, conceal, or aid
in the concealment of a stolen motor vehicle knowing, or having
reason to know or reason to believe, that the motor vehicle is
stolen, embezzled, or converted. Except as provided in subsection
(8), a person who violates this subsection 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 motor vehicle
purchased, received, possessed, or concealed, whichever is greater,
or both imprisonment and a fine. A person who is charged with,
convicted of, or punished for a violation of this subsection shall
not be convicted of or punished for a violation of another
provision of this section arising from the purchase, receipt,
possession, concealment, or aiding in the concealment of the same
motor vehicle. This subsection does not prohibit the person from
being charged, convicted, or punished under any other applicable
law.
(8) A person who violates subsection (7) and has 1 or more
prior convictions for committing or attempting to commit an offense
under this section, other than a violation of subsection (4)(b) or
(5), 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 vehicle purchased, received, possessed, or concealed,
whichever is greater, or both imprisonment and a fine.
(9) 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.
(10) A person who is a dealer in or collector of merchandise
or personal property, or the agent, employee, or representative of
a dealer or collector of merchandise or personal property who fails
to reasonably inquire whether the person selling or delivering the
stolen, embezzled, or converted property to the dealer or collector
has a legal right to do so or who buys or receives stolen,
embezzled, or converted property that has a registration, serial,
or other identifying number altered or obliterated on an external
surface of the property, is presumed to have bought or received the
property knowing the property is stolen, embezzled, or converted.
This presumption is rebuttable.
(11) 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 under 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.
(12) It is not a defense to a charge under this section that
the property was not stolen, embezzled, or converted property at
the time of the violation if the property was explicitly
represented to the accused person as being stolen, embezzled, or
converted property.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.