HOUSE BILL NO. 5182

October 19, 2023, Introduced by Reps. Mentzer, Farhat, Shannon, Aragona, Tyrone Carter, Haadsma, Wilson, Arbit, Snyder, Liberati, Breen, Hood, BeGole and Skaggs and referred to the Committee on Criminal Justice.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 116 (MCL 750.116).

the people of the state of michigan enact:

Sec. 116. (1) Possession of burglar's toolsóAny person Except as provided in subsection (2), an individual who shall knowingly have in his possession possesses any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical, or substance, adapted and designed for cutting or burning through, forcing, or breaking open, any building, room, vault, safe, or other depository, in order with the intent to use it to steal therefrom any money or other property, knowing the same to be adapted and designed for the purpose aforesaid, of stealing, with intent to use or employ the same for the purpose aforesaid, shall be to steal is guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years.

(2) An individual who knowingly possesses any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical, or substance, adapted and designed for cutting or burning through, forcing, or breaking open a motor vehicle, or an electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal a motor vehicle or any money or other property from the motor vehicle, is guilty of a felony punishable by imprisonment for not more than 5 years.

(3) As used in this section, "electronic device or tool" means a device or tool with the purpose of unlocking or turning on a motor vehicle and does not include a previously issued activated electronic card, key, or other electronic device assigned to the lawful owner of the vehicle.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.