SENATE BILL No. 412

 

 

August 20, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and    Public Safety.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 174a (MCL 750.174a), as amended by 2013 PA 34.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 174a. (1) A person shall not through fraud, deceit,

 

misrepresentation, coercion, or unjust enrichment obtain or use or

 

attempt to obtain or use a vulnerable adult's money or property to

 

directly or indirectly benefit that person knowing or having reason

 

to know the vulnerable adult is a vulnerable adult.

 

     (2) If the money or property used or obtained, or attempted to

 

be used or obtained, has a value of less than $200.00, the person

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days 1 year or a fine of not more than $500.00 $1,000.00 or

 

3 times the value of the money or property used or obtained or

 


attempted to be used or obtained, whichever is greater, or both

 

imprisonment and a fine.

 

     (3) 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 $4,000.00 or 3 times the value of

 

the money or property used or obtained or attempted to be used or

 

obtained, whichever is greater, or both imprisonment and a fine:

 

     (a) The money or property used or obtained, or attempted to be

 

used or obtained, has a value of $200.00 or more but less than

 

$1,000.00.

 

     (b) The person violates subsection (2) and has 1 or more prior

 

convictions for committing or attempting to commit an offense under

 

this section.

 

     (4) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 5 10 years or a

 

fine of not more than $10,000.00 $20,000.00 or 3 times the value of

 

the money or property used or obtained or attempted to be used or

 

obtained, whichever is greater, or both imprisonment and a fine:

 

     (a) The money or property used or obtained, or attempted to be

 

used or obtained, has a value of $1,000.00 or more but less than

 

$20,000.00.

 

     (b) The person violates subsection (3)(a) and 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 (2) or (3)(b).

 

     (5) If any of the following apply, the person is guilty of a


felony punishable by imprisonment for not more than 10 15 years or

 

a fine of not more than $15,000.00 $30,000.00 or 3 times the value

 

of the money or property used or obtained or attempted to be used

 

or obtained, whichever is greater, or both imprisonment and a fine:

 

     (a) The money or property used or obtained, or attempted to be

 

used or obtained, has a value of $20,000.00 or more but less than

 

$50,000.00.

 

     (b) The person violates subsection (4)(a) and 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 (2) or (3)(b).

 

     (6) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 15 20 years or

 

a fine of not more than $15,000.00 $30,000.00 or 3 times the value

 

of the money or property used or obtained or attempted to be used

 

or obtained, whichever is greater, or both imprisonment and a fine:

 

     (a) The money or property used or obtained, or attempted to be

 

used or obtained, has a value of $50,000.00 or more but less than

 

$100,000.00.

 

     (b) The person violates subsection (5)(a) and 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 (2) or (3)(b).

 

     (7) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 20 25 years or


a fine of not more than $50,000.00 $100,000.00 or 3 times the value

 

of the money or property used or obtained or attempted to be used

 

or obtained, whichever is greater, or both imprisonment and a fine:

 

     (a) The money or property used or obtained, or attempted to be

 

used or obtained, has a value of $100,000.00 or more.

 

     (b) The person violates subsection (6)(a) and 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 (2) or (3)(b).

 

     (8) Except as otherwise provided in this subsection, the

 

values of money or property used or obtained or attempted to be

 

used or obtained 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 money or personal property used or

 

obtained or attempted to be used or obtained. If the scheme or

 

course of conduct is directed against only 1 person, no time limit

 

applies to aggregation under this subsection.

 

     (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 must 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) If the sentence for a conviction under this section is

 

enhanced by 1 or more prior convictions, those prior convictions

 

shall must 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.

 

     (11) A financial institution or a broker or a director,

 

officer, employee, or agent of a financial institution or broker is

 

not in violation of this section while performing duties in the

 

normal course of business of a financial institution or broker or a

 

director, officer, employee, or agent of a financial institution or

 

broker.

 

     (12) (13) The court may order a sentence imposed for a

 

violation of subsection (4), (5), (6), or (7) to be served

 

consecutively to any other sentence imposed for a violation of this

 

section.

 

     (13) (14) This section does not prohibit a person from being

 

charged with, convicted of, or punished for any other violation of

 

law the person commits while violating this section.

 

     (14) (15) As used in this section:

 

     (a) "Broker" means that term as defined in section 8102 of the

 

uniform commercial code, 1962 PA 174, MCL 440.8102.

 

     (b) "Financial institution" means a bank, credit union, saving


bank, or a savings and loan chartered under state or federal law or

 

an affiliate of a bank, credit union, saving bank, or savings and

 

loan chartered under state or federal law.

 

     (c) "Vulnerable adult" means that term as defined in section

 

145m, whether or not the individual has been determined by the

 

court to be incapacitated.

 

     (15) (16) If the office of services to the aging becomes aware

 

of a violation of this section, the office of services to the aging

 

shall promptly report the violation to the department of health and

 

human services.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.