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MI HB5807

Bill

Status

Introduced

8/15/2012

Primary Sponsor

Deb Shaughnessy

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary8/15/2012

Full Bill Text

No bill text available