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MI SB0679

Bill

Status

Engrossed

12/5/2013

Primary Sponsor

Virgil Smith

Click for details

Origin

Senate

97th Legislature

AI Summary

  • Changes the scope of metal theft prosecutions from "nonferrous metal" to "any metal" in Michigan's larceny statute.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Regulatory Reform12/5/2013
Economic Development11/13/2013

Full Bill Text

No bill text available