HB-6022, As Passed Senate, December 18, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6022

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 356a (MCL 750.356a), as amended by 1998 PA 311.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 356a. (1) A person who commits larceny by stealing or

unlawfully removing or taking any wheel, tire, air bag, catalytic

converter, radio, stereo, clock, telephone, computer, or other

electronic device in or on any motor vehicle, house trailer,

trailer, or semitrailer is guilty of a felony punishable by

imprisonment for not more than 5 years or a fine of not more than

$10,000.00, or both.

     (2) Except as provided in subsection (3), a person who enters

or breaks into a motor vehicle, house trailer, trailer, or

semitrailer to steal or unlawfully remove property from it is

guilty of a crime as follows:

     (a) If the value of the property is less than $200.00, the

person is guilty of a misdemeanor punishable by imprisonment for

not more than 93 days or a fine of not more than $500.00 or 3 times

the value of the property, whichever is greater, or both

imprisonment and a fine.

     (b) If any of the following apply, the person is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $2,000.00 or 3 times the value of the

property, whichever is greater, or both imprisonment and a fine:

     (i) The value of the property is $200.00 or more but less than

$1,000.00.

     (ii) The person violates subdivision (a) and has 1 or more

prior convictions for committing or attempting to commit an offense

under this section or a local ordinance substantially corresponding

to this section.

     (c) If any of the following apply, the person is guilty of a

felony punishable by imprisonment for not more than 5 years or a

fine of not more than $10,000.00 or 3 times the value of the

property, whichever is greater, or both imprisonment and a fine:

     (i) The value of the property is $1,000.00 or more but less

than $20,000.00.

     (ii) The person violates subdivision (b)(i) and has 1 or more

prior convictions for violating or attempting to violate this

section. For purposes of this subparagraph, however, a prior

conviction does not include a conviction for a violation or

attempted violation of subdivision (a) or (b)(ii).

     (d) If any of the following apply, the person is guilty of a

felony punishable by imprisonment for not more than 10 years or a

fine of not more than $15,000.00 or 3 times the value of the

property, whichever is greater, or both imprisonment and a fine:

     (i) The property has a value of $20,000.00 or more.

     (ii) The person violates subdivision (c)(i) and has 2 or more

prior convictions for committing or attempting to commit an offense

under this section. For purposes of this subparagraph, however, a

prior conviction does not include a conviction for a violation or

attempted violation of subdivision (a) or (b)(ii).

     (3) A person who violates subsection (2)(a) or (b) and who

breaks, tears, cuts, or otherwise damages any part of the motor

vehicle, house trailer, trailer, or semitrailer is guilty of a

felony punishable by imprisonment for not more than 5 years or a

fine of not more than $10,000.00, or both, regardless of the value

of the property.

     (4) The values of property stolen or unlawfully removed in

separate incidents pursuant to a scheme or course of conduct within

any 12-month period may be aggregated to determine the total value

of property stolen or unlawfully removed.

     (5) If the prosecuting attorney intends to seek an enhanced

sentence based upon the defendant having 1 or more prior

convictions, the prosecuting attorney shall include on the

complaint and information a statement listing the prior conviction

or convictions. The existence of the defendant's prior conviction

or convictions shall be determined by the court, without a jury, at

sentencing or at a separate hearing for that purpose before

sentencing. The existence of a prior conviction may be established

by any evidence relevant for that purpose, including, but not

limited to, 1 or more of the following:

     (a) A copy of the judgment of conviction.

     (b) A transcript of a prior trial, plea-taking, or sentencing.

     (c) Information contained in a presentence report.

     (d) The defendant's statement.

     (e) A copy of a court register of actions.

     (6) If the sentence for a conviction under this section is

enhanced by 1 or more prior convictions, those prior convictions

shall not be used to further enhance the sentence for the

conviction pursuant to under section 10, 11, or 12 of chapter IX of

the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11,

and 769.12.

     Enacting section 1. This amendatory act takes effect April 1,

2009.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 1193 of the 94th Legislature is enacted into

law.