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MI HB5807
Bill
Status
8/15/2012
Primary Sponsor
Deb Shaughnessy
Click for details
AI Summary
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Amends Michigan's sentencing guidelines to expand the definition of "predatory conduct" in offense variable 10 to include preoffense conduct directed at a law enforcement officer posing as a potential victim, in addition to conduct directed at an actual victim.
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Clarifies that the mere existence of vulnerability factors (physical/mental disability, youth, agedness, domestic relationship, authority abuse, size/strength difference, or intoxication/impairment) does not automatically constitute victim exploitation.
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Establishes definitions for key terms: "predatory conduct" means preoffense conduct for victimization purposes; "exploit" means to manipulate a victim for selfish or unethical purposes; "vulnerability" means readily apparent susceptibility to injury, restraint, persuasion, or temptation; and "abuse of authority status" means exploiting a victim through fear or deference to an authority figure.
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Maintains the existing point-scoring system for offense variable 10, awarding 15 points for predatory conduct, 10 points for exploitation of vulnerable victims, 5 points for exploitation through physical advantages or incapacitation, and 0 points for non-exploitation.
Legislative Description
Criminal procedure; sentencing guidelines; offense variable 10 related to the exploitation of a vulnerable victim; expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim. Amends sec. 40, ch. XVII of 1927 PA 175 (MCL 777.40).
Criminal procedure, sentencing
Last Action
Printed Bill Filed 08/16/2012
9/11/2012