HB 4864 Summary

• Adds Section 296 to the Michigan Penal Code to criminalize knowingly obtaining services or property by deception, threat, false tokens, or fraud with intent to avoid payment.

• Establishes rebuttable presumptions of intent to defraud when a person absconds without paying, refuses payment, fails to pay within 10 days of notice, or fails to return rented property within specified timeframes (5 days for property under $1,500; 3 days for property $1,500 or more).

• Creates tiered felony and misdemeanor penalties based on property value: felony up to 10 years for property valued at $20,000+; felony up to 5 years for $1,000-$19,999; misdemeanor up to 1 year for $200-$999; misdemeanor up to 93 days for property under $200.

• Allows aggregation of property values from multiple incidents within a 12-month period to determine total offense value.

• Enhances penalties for repeat offenders and requires prosecutors to list prior convictions on complaint and information when seeking sentence enhancements; prior convictions used for enhancement cannot be used again under sentencing guidelines sections 10-12.