July 1, 2003, Introduced by Rep. Bieda and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 72, 83, 88, 89, 91, 110, 213, 317, 349,
520b, 520c, 520d, 529, and 530 (MCL 750.72, 750.83, 750.88,
750.89, 750.91, 750.110, 750.213, 750.317, 750.349, 750.520b,
750.520c, 750.520d, 750.529, and 750.530), section 110 as amended
by 1994 PA 270 and sections 520b, 520c, and 520d as amended by
2002 PA 714, and by adding section 506b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 72. Burning
dwelling house--Any A person who
2 wilfully willfully or maliciously burns any an
occupied or
3 unoccupied dwelling
house, either occupied or unoccupied, or
4 the contents thereof of
a dwelling house, whether owned by
5 himself the person or another person, or any
building within
6 the curtilage of such
the dwelling house, or the contents
1 thereof, shall be of the building, is guilty of a felony ,
2 punishable, except as otherwise provided in section 506b, by
3 imprisonment in the
state prison for not more than 20 years.
4 Sec. 83. Assault
with intent to commit murder--Any A
5 person who shall
assault assaults another person with the
6 intent to commit the
crime of murder , shall be is guilty of
7 a felony , punishable,
except as otherwise provided in
8 section 506b, by
imprisonment in the state prison for life or
9 any number term
of years.
10 Sec. 88. Assault
with intent to rob and steal being
11 unarmed--Any A person , not being armed
with a dangerous
12 weapon , who shall
assault assaults another person with force
13 and violence, and with the
intent to rob and steal, shall be is
14 guilty of a felony , punishable,
except as otherwise provided
15 in section 506b, by
imprisonment in the state prison for not
16 more than 15 years.
17 Sec. 89. Assault
with intent to rob and steal being
18 armed--Any A person , being armed with a
dangerous weapon ,
19 or any an
article used or fashioned in a manner to lead a
20 person so who
is assaulted reasonably to believe it to be is
21 a dangerous weapon , who
shall assault assaults another
22 person with the
intent to rob and steal shall be is guilty of a
23 felony , punishable,
except as otherwise provided in
24 section 506b, by
imprisonment in the state prison for life ,
25 or for any term
of years.
26 Sec. 91. Attempt
to murder by poisoning, etc.--Any A
27 person who shall
attempt attempts to commit the crime of murder
1 by poisoning, drowning, or strangling another person, or by any
2 means not constituting the crime of assault with intent to
3 murder, shall be is
guilty of a felony , punishable, except
4 as otherwise provided in section 506b, by imprisonment in the
5 state prison for life or any term of years.
6 Sec. 110. A person who breaks and enters, with intent to
7 commit a felony or a larceny therein, a tent, hotel, office,
8 store, shop, warehouse, barn, granary, factory or other building,
9 structure, boat, ship ,
or railroad car is guilty of a felony
10 , punishable, except as otherwise provided in
section 506b, by
11 imprisonment for not more than 10 years.
12 Sec. 213. Malicious
threats to extort money--Any A person
13 who shall, either orally
or by a written or printed
14 communication , maliciously
threaten threatens to accuse
15 another person of any
a crime or offense, or shall orally or
16 by any a
written or printed communication maliciously threaten
17 any threatens an injury to the person or property
or mother,
18 father, husband, wife, or child of another person, with the
19 intent thereby to
extort money or any pecuniary advantage,
20 whatever, or with the intent to compel the person so
21 threatened to do or
refrain from doing any an act against his
22 the person's will, shall
be is guilty of a felony ,
23 punishable, except as otherwise provided in section 506b, by
24 imprisonment in the
state prison for not more than 20 years or
25 by a fine of not more than $10,000.00, dollars
or both.
26 Sec. 317. Second
degree murder--All other kinds of murder
27 shall be Murder other than murder of the first degree as
defined
1 in section 316 is murder of the second degree, and shall be
2 punished, except as otherwise provided in section 506b, by
3 imprisonment in the
state prison for life , or any term of
4 years. , in the
discretion of the court trying the same.
5 Sec. 349. (1) Confining
person against will, etc.--Any A
6 person who wilfully willfully,
maliciously, and without lawful
7 authority shall forcibly
or secretly confine or imprison
8 confines or imprisons any other person within this state against
9 his the person's will, or shall forcibly carry
carries or
10 send such sends the person out of this state, or shall
11 forcibly seize or
confine, or shall inveigle or kidnap seizes,
12 confines, inveigles, or kidnaps any other person with the intent
13 to extort money or any
other valuable thing thereby or with the
14 intent either to cause such
the person to be secretly confined
15 or imprisoned in this
state against his the person's will, or
16 in any way held to
service against his the person's will,
17 shall be is guilty of a felony , punishable,
except as
18 otherwise provided in section 506b, by imprisonment in the state
19 prison for life or for any term of years.
20 (2) Every offense
mentioned An offense described in this
21 section may be tried
either in the county in which the same may
22 have been offense was committed or in any county in or
through
23 which the person so seized,
taken, inveigled, or kidnaped, or
24 whose services shall
be were sold or transferred, shall have
25 been was taken, confined, held, carried, or
brought. ; and
26 upon the trial of any
such In a trial for an
offense under this
27 section, the consent thereto
of the person , so to being
1 taken, inveigled,
kidnaped, or confined, shall or having his or
2 her services sold or transferred, is not be a defense ,
3 unless it shall be
made satisfactorily to appear to the jury
4 that such the consent was not obtained by fraud nor or
5 extorted by duress or by threats
a threat.
6 Sec. 506b. (1) A person who is convicted of a violation of
7 section 72, 83, 88, 89, 91, 110, 213, 317, 349, 520b, 520c, 520d,
8 529, or 530 in which a victim is an elderly person and who has 1
9 or more prior convictions shall be punished as follows:
10 (a) If the person has 1 prior conviction, by imprisonment for
11 a minimum term of not less than 5 years.
12 (b) If the person has 2 prior convictions, by imprisonment
13 for a minimum term of not less than 10 years.
14 (c) If the person has 3 or more prior convictions, by
15 imprisonment for life.
16 (2) A person described in subsection (1)(a) or (b) may be
17 sentenced to imprisonment for life if that punishment is
18 permitted by law for that offense. A person sentenced to a
19 minimum term of imprisonment under subsection (1)(a) or (b) shall
20 be sentenced to a maximum term as provided by law for that
21 offense.
22 (3) A mandatory term of imprisonment imposed under
23 subsection (1) shall not be suspended. A person sentenced to a
24 mandatory term of imprisonment under subsection (1) is not
25 eligible for probation or parole during that mandatory term.
26 (4) A sentence imposed under this section shall run
27 consecutively to any other sentence imposed against the person
1 that arises out of the same transaction or occurrence from which
2 the sentence under this section arose.
3 (5) As used in this section:
4 (a) "Elderly person" means a person 60 years of age or
5 older.
6 (b) "Prior conviction" means a previous conviction for a
7 violation of section 72, 83, 88, 89, 91, 110, 213, 317, 349,
8 520b, 520c, 520d, 529, or 530 in which the victim was an elderly
9 person.
10 (c) "Victim" means an individual who suffers direct or
11 threatened physical, financial, or emotional harm as a result of
12 the violation.
13 Sec. 520b. (1) A person is guilty of criminal sexual conduct
14 in the first degree if he or she engages in sexual penetration
15 with another person and if any of the following circumstances
16 exists exist:
17 (a) That other person is under 13 years of age.
18 (b) That other person is at least 13 but less than 16 years
19 of age and any of the following circumstances exist:
20 (i) The actor is a member of the same household as the
21 victim.
22 (ii) The actor is related to the victim by blood or affinity
23 to the fourth degree.
24 (iii) The actor is in a position of authority over the victim
25 and used this authority to coerce the victim to submit.
26 (iv) The actor is a teacher, substitute teacher, or
27 administrator of the public or nonpublic school in which that
1 other person is enrolled.
2 (c) Sexual penetration occurs under circumstances involving
3 the commission of any other felony.
4 (d) The actor is aided or abetted by 1 or more other persons
5 and either of the following circumstances exists:
6 (i) The actor knows or has reason to know that the victim is
7 mentally incapable, mentally incapacitated, or physically
8 helpless.
9 (ii) The actor uses force or coercion to accomplish the
10 sexual penetration. Force or coercion includes but is not
11 limited to any of the circumstances listed in subdivision (f)(i)
12 to (v).
13 (e) The actor is armed with a weapon or any article used or
14 fashioned in a manner to
lead the victim to reasonably to
15 believe it to be is
a weapon.
16 (f) The actor causes personal injury to the victim and force
17 or coercion is used to accomplish sexual penetration. Force or
18 coercion includes but is not limited to any of the following
19 circumstances:
20 (i) When the actor overcomes the victim through the actual
21 application of physical force or physical violence.
22 (ii) When the actor coerces the victim to submit by
23 threatening to use force or violence on the victim, and the
24 victim believes that the actor has the present ability to execute
25 these threats.
26 (iii) When the actor coerces the victim to submit by
27 threatening to retaliate in the future against the victim, or any
1 other person, and the victim believes that the actor has the
2 ability to execute this threat. As used in this subdivision, "to
3 retaliate" includes threats of physical punishment, kidnapping,
4 or extortion.
5 (iv) When the actor engages in the medical treatment or
6 examination of the victim
in a manner or for purposes which
7 that are medically recognized as unethical or unacceptable.
8 (v) When the actor, through concealment or by the element of
9 surprise, is able to overcome the victim.
10 (g) The actor causes personal injury to the victim, and the
11 actor knows or has reason to know that the victim is mentally
12 incapable, mentally incapacitated, or physically helpless.
13 (h) That other person is mentally incapable, mentally
14 disabled, mentally incapacitated, or physically helpless, and any
15 of the following circumstances exist:
16 (i) The actor is related to the victim by blood or affinity
17 to the fourth degree.
18 (ii) The actor is in a position of authority over the victim
19 and used this authority to coerce the victim to submit.
20 (2) Criminal sexual conduct in the first degree is a felony
21 punishable, except as provided in section 506b, by imprisonment
22 in the state prison for life or for any term of years.
23 Sec. 520c. (1) A person is guilty of criminal sexual conduct
24 in the second degree if the person engages in sexual contact with
25 another person and if any
of the following circumstances exists
26 exist:
27 (a) That other person is under 13 years of age.
1 (b) That other person is at least 13 but less than 16 years
2 of age and any of the following circumstances exist:
3 (i) The actor is a member of the same household as the
4 victim.
5 (ii) The actor is related by blood or affinity to the fourth
6 degree to the victim.
7 (iii) The actor is in a position of authority over the victim
8 and the actor used this authority to coerce the victim to
9 submit.
10 (iv) The actor is a teacher, substitute teacher, or
11 administrator of the public or nonpublic school in which that
12 other person is enrolled.
13 (c) Sexual contact occurs under circumstances involving the
14 commission of any other felony.
15 (d) The actor is aided or abetted by 1 or more other persons
16 and either of the following circumstances exists:
17 (i) The actor knows or has reason to know that the victim is
18 mentally incapable, mentally incapacitated, or physically
19 helpless.
20 (ii) The actor uses force or coercion to accomplish the
21 sexual contact. Force or coercion includes, but is not limited
22 to, any of the
circumstances listed in sections section
23 520b(1)(f)(i) to (v).
24 (e) The actor is armed with a weapon, or any article used or
25 fashioned in a manner to lead a person to reasonably believe it
26 to be a weapon.
27 (f) The actor causes personal injury to the victim and force
1 or coercion is used to accomplish the sexual contact. Force or
2 coercion includes, but is not limited to, any of the
3 circumstances listed in section 520b(1)(f)(i) to (v).
4 (g) The actor causes personal injury to the victim and the
5 actor knows or has reason to know that the victim is mentally
6 incapable, mentally incapacitated, or physically helpless.
7 (h) That other person is mentally incapable, mentally
8 disabled, mentally incapacitated, or physically helpless, and any
9 of the following circumstances exist:
10 (i) The actor is related to the victim by blood or affinity
11 to the fourth degree.
12 (ii) The actor is in a position of authority over the victim
13 and used this authority to coerce the victim to submit.
14 (i) That other person is under the jurisdiction of the
15 department of corrections and the actor is an employee or a
16 contractual employee of, or a volunteer with, the department of
17 corrections who knows that the other person is under the
18 jurisdiction of the department of corrections.
19 (j) That other person is under the jurisdiction of the
20 department of corrections and the actor is an employee or a
21 contractual employee of, or a volunteer with, a private vendor
22 that operates a youth correctional facility under section 20g of
23 1953 PA 232, MCL 791.220g, who knows that the other person is
24 under the jurisdiction of the department of corrections.
25 (k) That other person is a prisoner or probationer under the
26 jurisdiction of a county for purposes of imprisonment or a work
27 program or other probationary program and the actor is an
1 employee or a contractual employee of or a volunteer with the
2 county or the department of corrections who knows that the other
3 person is under the county's jurisdiction.
4 (l) The actor knows or has reason to know that a court has
5 detained the victim in a facility while the victim is awaiting a
6 trial or hearing, or committed the victim to a facility as a
7 result of the victim having been found responsible for committing
8 an act that would be a crime if committed by an adult, and the
9 actor is an employee or contractual employee of, or a volunteer
10 with, the facility in which the victim is detained or to which
11 the victim was committed.
12 (2) Criminal sexual conduct in the second degree is a felony
13 punishable, except as provided in section 506b, by imprisonment
14 for not more than 15 years.
15 Sec. 520d. (1) A person is guilty of criminal sexual conduct
16 in the third degree if the person engages in sexual penetration
17 with another person and if any of the following circumstances
18 exist:
19 (a) That other person is at least 13 years of age and under
20 16 years of age.
21 (b) Force or coercion is used to accomplish the sexual
22 penetration. Force or coercion includes but is not limited to
23 any of the circumstances listed in section 520b(1)(f)(i) to (v).
24 (c) The actor knows or has reason to know that the victim is
25 mentally incapable, mentally incapacitated, or physically
26 helpless.
27 (d) That other person is related to the actor by blood or
1 affinity to the third degree and the sexual penetration occurs
2 under circumstances not otherwise prohibited by this chapter. It
3 is an affirmative defense to a prosecution under this subdivision
4 that the other person was in a position of authority over the
5 defendant and used this authority to coerce the defendant to
6 violate this subdivision. The defendant has the burden of
7 proving this defense by a preponderance of the evidence. This
8 subdivision does not apply if both persons are lawfully married
9 to each other at the time of the alleged violation.
10 (e) That other person is at least 16 years of age but less
11 than 18 years of age and a student at a public or nonpublic
12 school, and the actor is a teacher, substitute teacher, or
13 administrator of that public or nonpublic school. This
14 subdivision does not apply if the other person is emancipated or
15 if both persons are lawfully married to each other at the time of
16 the alleged violation.
17 (2) Criminal sexual conduct in the third degree is a felony
18 punishable, except as provided by section 506b, by imprisonment
19 for not more than 15 years.
20 Sec. 529. Any A
person who shall assault assaults
21 another , person
and shall feloniously rob, steal and take
22 from his robs, steals, and takes from the other person,
or in
23 his the other person's presence, any money or
other property ,
24 which that may be the subject of larceny , such
robber being
25 while armed with a
dangerous weapon , or any article used or
26 fashioned in a manner to
lead the person so assaulted to
27 reasonably to
believe it to be a dangerous weapon , shall be is
1 guilty of a felony , punishable,
except as otherwise provided
2 in section 506b, by
imprisonment in the state prison for life
3 or for any term
of years. If an aggravated assault or serious
4 injury is inflicted by
any person while committing an armed
5 robbery as defined in violating this section, except as
6 otherwise provided in section 506b, the sentence person shall
7 be sentenced to
imprisonment for not less than 2 years. years'
8 imprisonment in the
state prison.
9 Sec. 530. Robbery
unarmed--Any A person who shall, by
10 force and violence , or
by assault or putting in fear ,
11 feloniously rob,
steal and take robs, steals, and takes from
12 the person of another, or
in his the other person's presence,
13 any money or other
property which that may be the subject of
14 larceny, such robber while
not being armed with a dangerous
15 weapon, shall be is
guilty of a felony , punishable, except
16 as otherwise provided in section 506b, by imprisonment in the
17 state prison for not more than 15 years.