Bill Text: MI HB4105 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Crimes; embezzlement; crimes involving embezzlement; include cryptocurrency in definitions in embezzlement section in penal code. Amends sec. 174 of 1931 PA 328 (MCL 750.174).
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2019-12-31 - Assigned Pa 173'19 [HB4105 Detail]
Download: Michigan-2019-HB4105-Engrossed.html
HB-4105, As Passed House, April 9, 2019
HOUSE BILL No. 4105
January 29, 2019, Introduced by Reps. Berman, Farrington, Guerra, Marino, LaFave and Wittenberg and referred to the Committee on Financial Services.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 174 (MCL 750.174), as amended by 2006 PA 573.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 174. (1) A person who as the agent, servant, or employee
of another person, governmental entity within this state, or other
legal entity or who as the trustee, bailee, or custodian of the
property of another person, governmental entity within this state,
or other legal entity fraudulently disposes of or converts to his
or her own use, or takes or secretes with the intent to convert to
his or her own use without the consent of his or her principal, any
money or other personal property of his or her principal that has
come to that person's possession or that is under his or her charge
or control by virtue of his or her being an agent, servant,
employee, trustee, bailee, or custodian, is guilty of embezzlement.
(2) If the money or other personal property embezzled has a
value of 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 money or property
embezzled, whichever is greater, or both imprisonment and a fine.
(3) 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 money
or other property embezzled, whichever is greater, or both
imprisonment and a fine:
(a) The money or other personal property embezzled has a value
of $200.00 or more but less than $1,000.00.
(b) The person violates subsection (2) 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) The person violates subsection (2) and the victim is a
nonprofit corporation or charitable organization under federal law
or the laws of this state.
(4) 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 money
or other property embezzled, whichever is greater, or both
imprisonment and a fine:
(a) The money or other personal property embezzled has a value
of $1,000.00 or more but less than $20,000.00.
(b) The person violates subsection (3)(a) or (c) and has 1 or
more prior convictions for committing or attempting to commit an
offense under this section. For purposes of this subdivision,
however, a prior conviction does not include a conviction for a
violation or attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (3)(a) and the victim is a
nonprofit corporation or charitable organization under federal law
or the laws of this state.
(5) 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 money
or other property embezzled, whichever is greater, or both
imprisonment and a fine:
(a) The money or other personal property embezzled has a value
of $20,000.00 or more but less than $50,000.00.
(b) The person violates subsection (4)(a) or (c) and has 2 or
more prior convictions for committing or attempting to commit an
offense under this section. For purposes of this subdivision,
however, a prior conviction does not include a conviction for a
violation or attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (4)(a) and the victim is a
nonprofit corporation or charitable organization under federal law
or the laws of this state.
(6) If the money or other personal property embezzled has a
value of $50,000.00 or more but less than $100,000.00, the person
is guilty of a felony punishable by imprisonment for not more than
15 years or a fine of not more than $25,000.00 or 3 times the value
of the money or property embezzled, whichever is greater, or both
imprisonment and a fine.
(7) If the money or other personal property embezzled has a
value of $100,000.00 or more, the person is guilty of a felony
punishable by imprisonment for not more than 20 years or a fine of
not more than $50,000.00 or 3 times the value of the money or
property embezzled, whichever is greater, or both imprisonment and
a fine.
(8) Except as otherwise provided in this subsection, the
values of money or other personal property embezzled 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
money or personal property embezzled. If the scheme or course of
conduct is directed against only 1 person, governmental entity
within this state, or other legal entity, no time limit applies to
aggregation under this subsection.
(9) 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 must 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.
(10) In a prosecution under this section, the failure,
neglect, or refusal of the agent, servant, employee, trustee,
bailee, or custodian to pay, deliver, or refund to his or her
principal the money or property entrusted to his or her care upon
demand is prima facie proof of intent to embezzle.
(11) If the sentence for a conviction under this section is
enhanced by 1 or more prior convictions, those prior convictions
shall
must not be used to further enhance the sentence for the
conviction 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.
(12) The court may order a term of imprisonment imposed for a
felony violation of this section to be served consecutively to any
term of imprisonment imposed for any other criminal offense if the
victim of the violation of this section was any of the following:
(a) A nonprofit corporation or charitable organization under
federal law or the laws of this state.
(b) A person 60 years of age or older.
(c) A vulnerable adult as defined in section 174a.
(13) As used in this section:
(a) "Cryptocurrency" means digital currency in which
encryption techniques are used to regulate the generation of units
of currency and verify the transfer of funds, and that operates
independently of a central bank.
(b) "Money or other personal property" includes
cryptocurrency.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
