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MI HB6111

Bill

Status

Introduced

12/8/2016

Primary Sponsor

Lauren Plawecki

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

HB 6111 Summary

  • Amends Michigan Penal Code section 174a to criminalize obtaining or using a vulnerable adult's money or property through fraud, deceit, misrepresentation, coercion, unjust enrichment, or without consent.

  • Establishes tiered penalties ranging from misdemeanor (93 days imprisonment or $500 fine for amounts under $200) to felony charges with up to 20 years imprisonment for amounts $100,000 or more.

  • Defines "consent" as informed decision-making that includes ability to communicate choice, cognitive ability to understand consequences, appreciation of the decision's nature and effect, freedom from duress, and reasoning for the choice.

  • Allows aggregation of money or property from multiple incidents within a 12-month period (or unlimited time if directed against one person) to determine total value for charging purposes.

  • Exempts financial institutions and their employees from liability when performing normal business duties, and requires the Office of Services to the Aging to report violations to the Department of Human Services.

Legislative Description

Crimes; other; definition of consent in crimes against the elderly; establish. Amends sec. 174a of 1931 PA 328 (ML 750.174a).

Crimes: other

Last Action

Bill Electronically Reproduced 12/08/2016

12/13/2016

Committee Referrals

Criminal Justice12/8/2016

Full Bill Text

No bill text available