May 7, 2008, Introduced by Senators ANDERSON, PRUSI, CHERRY, SWITALSKI, BASHAM, CLARK-COLEMAN, SCOTT, THOMAS, JACOBS, SCHAUER, GLEASON, CLARKE, BARCIA, BRATER, WHITMER and HUNTER and referred to the Committee on Government Operations and Reform.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 39, 40, 43, and 46 of chapter XVII (MCL
777.39, 777.40, 777.43, and 777.46), section 39 as amended by
2006 PA 548, section 40 as added by 1998 PA 317, section 43 as
amended by 2002 PA 666, and section 46 as amended by 1999 PA 227,
and by adding section 36a to chapter IX.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER IX
2 Sec. 36a. If a person is charged with and convicted of more
3 than 1 crime against a vulnerable adult as that term is defined
4 under section 145m of the Michigan penal code, 1931 PA 328, MCL
5 750.145m, the court may order the terms of imprisonment to be
6 served consecutively to each other.
1 CHAPTER XVII
2 Sec. 39. (1) Offense variable 9 is number of victims. Score
3 offense variable 9 by determining which of the following apply
4 and by assigning the number of points attributable to the one 1
5 that has the highest number of points:
|
6 |
(a) Multiple deaths occurred.................. |
100 points |
|
7 |
(b) There were 10 or more victims who were |
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|
8 |
placed in danger of physical injury or death, |
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|
9 |
or 20 or more victims who were placed in danger |
|
|
10 |
of property loss................................... |
25 points |
|
11 |
(c) There were 2 to 9 victims who were |
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|
12 |
placed in danger of physical injury or death, or |
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|
13 |
4 to 19 victims who were placed in danger of |
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|
14 |
property loss...................................... |
10 points |
|
15 |
(d) There were fewer than 2 victims who were |
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|
16 |
placed in danger of physical injury or death, |
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|
17 |
or fewer than 4 victims who were placed in danger |
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|
18 |
of property loss................................... |
0 points |
19 (2) All of the following apply to scoring offense variable
20 9:
21 (a) Count each person who was placed in danger of physical
22 injury or loss of life or property as a victim.
23 (b) Score 100 points only in homicide cases.
24 Sec. 40. (1) Offense variable 10 is exploitation of a
25 vulnerable victim. Score offense variable 10 by determining which
26 of the following apply and by assigning the number of points
27 attributable to the one that has the highest number of points:
|
1 |
(a) Predatory conduct toward a vulnerable |
|
2 |
adult was involved................................ 40 points |
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3 |
(b) |
|
4 |
other than a vulnerable adult was involved........ 15 points |
|
5 |
(c) |
|
6 |
physical disability, mental disability, youth or |
|
7 |
agedness, or a domestic relationship, or the |
|
8 |
offender
abused his or her authority status....... |
|
9 |
(d) |
|
10 |
his or her difference in size or strength, or |
|
11 |
both, or exploited a victim who was intoxicated, |
|
12 |
under the influence of drugs, asleep, or |
|
13 |
unconscious....................................... 5 points |
|
14 |
(e) |
|
15 |
victim's vulnerability............................ 0 points |
16 (2) The mere existence of 1 or more factors described in
17 subsection (1) does not automatically equate with victim
18 vulnerability.
19 (3) As used in this section:
20 (a) "Predatory conduct" means preoffense conduct directed at
21 a victim for the primary purpose of victimization.
22 (b) "Exploit" means to manipulate a victim for selfish or
23 unethical purposes.
24 (c) "Vulnerability" means the readily apparent
25 susceptibility of a victim to injury, physical restraint,
26 persuasion, or temptation.
27 (d) "Abuse of authority status" means a victim was exploited
28 out of fear or deference to an authority figure, including, but
1 not limited to, a parent, physician, or teacher.
2 Sec. 43. (1) Offense variable 13 is continuing pattern of
3 criminal behavior. Score offense variable 13 by determining which
4 of the following apply and by assigning the number of points
5 attributable to the one that has the highest number of points:
|
6 |
(a) The offense was part of a pattern of |
|
7 |
felonious criminal activity involving 3 or more |
|
8 |
sexual penetrations against a person or persons |
|
9 |
less than 13 years of age......................... 50 points |
|
10 |
(b) The offense was part of a pattern of |
|
11 |
felonious criminal activity against a person or |
|
12 |
property if the victim is a vulnerable adult...... 50 points |
|
13 |
(c) |
|
14 |
felonious criminal activity involving 3 or more |
|
15 |
crimes against a person........................... 25 points |
|
16 |
(d) |
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17 |
felonious criminal activity involving a |
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18 |
combination of 3 or more crimes against a person |
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19 |
or property or a violation of section 7401(2)(a)(i) |
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20 |
to (iii) or section 7403(2)(a)(i) to (iii)............ 10 points |
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21 |
(e) |
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22 |
felonious criminal activity directly related to |
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23 |
membership in an organized criminal group......... 10 points |
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24 |
(f) |
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25 |
felonious criminal activity involving a |
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26 |
combination of 3 or more violations of section |
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27 |
7401(2)(a)(i) to (iii) or section 7403(2)(a)(i) |
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28 |
to (iii)............................................ 10 points |
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29 |
(g) |
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1 |
felonious criminal activity involving 3 or more |
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2 |
crimes against property........................... 5 points |
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3 |
(h) |
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4 |
activity existed.................................. 0 points |
5 (2) All of the following apply to scoring offense variable 13:
6 (a) For determining the appropriate points under this
7 variable, all crimes within a 5-year period, including the
8 sentencing offense, shall be counted regardless of whether the
9 offense resulted in a conviction.
10 (b) The presence or absence of multiple offenders, the age
11 of the offenders, or the degree of sophistication of the
12 organized criminal group is not as important as the fact of the
13 group's existence, which may be reasonably inferred from the
14 facts surrounding the sentencing offense.
15 (c) Except for offenses related to membership in an
16 organized criminal group, do not score conduct scored in offense
17 variable 11 or 12.
18 (d) Score 50 points only if the sentencing offense is first
19 degree criminal sexual conduct or the victim is a vulnerable
20 adult.
21 (e) Do not count more than 1 controlled substance offense
22 arising out of the criminal episode for which the person is being
23 sentenced.
24 (f) Do not count more than 1 crime involving the same
25 controlled substance. For example, do not count conspiracy and a
26 substantive offense involving the same amount of controlled
27 substances or possession and delivery of the same amount of
1 controlled substances.
2 Sec. 46. (1) Offense variable 16 is property obtained,
3 damaged, lost, or destroyed. Score offense variable 16 by
4 determining which of the following apply and by assigning the
5 number of points attributable to the one that has the highest
6 number of points:
|
7 |
(a) The property stolen deprives a vulnerable |
|
8 |
adult of all income other than government |
|
9 |
assistance........................................ 50 points |
|
10 |
(b) |
|
11 |
beyond that necessary to commit the crime for |
|
12 |
which the offender is not charged and will not be |
|
13 |
charged........................................... 10 points |
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14 |
(c) |
|
15 |
$20,000.00 or had significant historical, social, |
|
16 |
or
sentimental value.............................. |
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17 |
(d) |
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18 |
or more but not more than $20,000.00.............. 5 points |
|
19 |
(e) |
|
20 |
or more but not more than $1,000.00............... 1 point |
|
21 |
(f) |
|
22 |
lost, or destroyed or the property had a value of |
|
23 |
less than $200.00................................. 0 points |
24 (2) All of the following apply to scoring offense variable
25 16:
26 (a) In multiple offender or victim cases, the appropriate
27 points may be determined by adding together the aggregate value
28 of the property involved, including property involved in
1 uncharged offenses or charges dismissed under a plea agreement.
2 (b) In cases in which the property was obtained unlawfully,
3 lost to the lawful owner, or destroyed, use the value of the
4 property in scoring this variable. If the property was damaged,
5 use the monetary amount appropriate to restore the property to
6 pre-offense condition in scoring this variable.
7 (c) The amount of money or property involved in admitted but
8 uncharged offenses or in charges that have been dismissed under a
9 plea agreement may be considered.