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MI SB0679
Bill
AI Summary
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Changes the scope of metal theft prosecutions from "nonferrous metal" to "any metal" in Michigan's larceny statute.
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Establishes a rebuttable presumption that a person removing metal from a building or structure without a valid building or demolition permit lacks owner permission if the metal meets certain criteria: scrap value of $100 or more, total weight of 100 pounds or more, is fastened to the structure, or is enclosed within walls, ceilings, or floors.
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Maintains existing penalty structures for larceny based on property value: up to 10 years imprisonment for $20,000 or more; up to 5 years for $1,000-$19,999; up to 1 year for $200-$999; and up to 93 days for less than $200.
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Requires prosecutors seeking enhanced sentences based on prior convictions to list those convictions on the complaint and information, with existence of priors determined by the court without a jury.
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Prohibits using prior convictions that enhance a larceny sentence from being used to further enhance sentences under repeat offender statutes.
Legislative Description
Criminal procedure; defenses; rebuttable presumption for larceny of metal under certain circumstances; provide for. Amends sec. 356 of 1931 PA 328 (MCL 750.356).
Criminal procedure, defenses
Last Action
Referred To Committee On Regulatory Reform
12/5/2013