LARCENY OF A FIREARM - H.B. 4544 (H-1): FLOOR ANALYSIS


House Bill 4544 (Substitute H-1 as reported without amendment)

Sponsor: Representative Jim Howell

House Committee: Constitutional Law and Ethics

Senate Committee: Judiciary


CONTENT


The bill would amend the Michigan Penal Code to increase the maximum length of imprisonment for larceny of a firearm to 15 years.


Currently, that offense is a felony punishable by up to five years' imprisonment and/or a maximum fine of $2,500.


In addition, under the bill, a person who possessed a firearm knowing or having reason to know that it was stolen would be guilty of a felony, punishable by up to 10 years' imprisonment and/or a maximum fine of $2,500.


The bill would take effect on September 30, 1999, and is tie-barred to House Bill 4530, which would amend the handgun licensure Act to make various revisions relative to concealed weapon regulations.


MCL 750.357b - Legislative Analyst: N. Nagata


FISCAL IMPACT


House Bill 4544 (H-1) would have an indeterminate fiscal impact, yet would potentially increase costs for State government.


The bill would increase the maximum sentence from five years to 15 years for offenders who steal a firearm, and would create a crime of possessing a stolen firearm with a maximum penalty of 10 years' incarceration and/or a fine of $2,500. There are no data available to indicate how many people would be guilty of possessing a stolen firearm. However, in 1997, two offenders were committed to prison for larceny of firearms for a minimum sentence of three years.


If the two offenders committed to prison in 1997 represent the number of offenders committed each year and if the offenders serve the full minimum sentence in a State correctional facility, assuming that the offenders instead would be subject to a 15-year maximum sentence, and would receive and serve a six-year minimum sentence in a State correctional facility, given that the annual average cost of incarceration is $22,000, the costs of incarceration would increase from $88,000 to $264,000.



Date Completed: 5-27-99 - Fiscal Analyst: K. Firestone

floor\hb4544 (H-1) - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.