Bill Text: MI HB4333 | 2017-2018 | 99th Legislature | Engrossed

Michigan House Bill 4333 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of animal cruelty; enact and amend. Amends secs. 16b, 34, 40, 46 & 49, ch. XVII of 1927 PA 175 (MCL 777.16b et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-31 - Assigned Pa 652'18 With Immediate Effect [HB4333 Detail]

Download: Michigan-2017-HB4333-Engrossed.html

HB-4333, As Passed House, November 29, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4333

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending sections 16b, 34, 40, 46, and 49 of chapter XVII (MCL

777.16b, 777.34, 777.40, 777.46, and 777.49), section 16b as

amended by 2017 PA 30, section 34 as added by 1998 PA 317,

section 40 as amended by 2014 PA 350, section 46 as amended by

1999 PA 227, and section 49 as amended by 2002 PA 137.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER XVII

2 Sec. 16b. This chapter applies to the following felonies

3 enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L.

Category

Class

Description

Stat Max

1	750.43a	Pub saf	E	Aiming a beam of directed energy emitted from a directed energy device at or into path of aircraft or a moving train	5
2	750.49(2)(a) to (d)	Pub ord	F	Fighting animals or providing facilities for animal fights	4
3	750.49(2)(e)	Pub ord	F	Organizing or promoting animal fights	4
4	750.49(2)(f)	Pub ord	H	Attending animal fight	4
5	750.49(2)(g)	Pub ord	F	Breeding or selling fighting animals	4
6	750.49(2)(h)	Pub ord	F	Selling or possessing equipment for animal fights	4
7	750.49(8)	Person	A	Inciting fighting animal resulting in death	Life
8	750.49(9)	Person	F	Inciting fighting animal to attack	4
9	750.49(10)	Person	D	Fighting animal attacking without provocation and death resulting	15
10	750.50(4)(c)	Pub ord	G	Animal neglect or cruelty involving 4 or more animals but fewer than 10 animals or with 1 prior conviction	2
11	750.50(4)(d)	Pub ord	F	Animal neglect or cruelty involving 10 or more animals but fewer than 25 animals or with 2 ~~or more~~ prior convictions	4
12	750.50(4)(e)	Pub ord	E	Animal neglect or cruelty involving 25 or more animals or with 3 or more prior convictions	7

1	750.50(4)(f)	Pub ord	G	Animal neglect or cruelty by breeder or pet shop operator with 5 or more prior violations of 1969 PA 287, MCL 287.331 to 287.340	2
2	750.50b(3)	Property	FD	~~Killing~~ First degree killing or torturing animals	410
3	750.50b(4)	Property	E	Second degree killing or torturing animals	7
4	750.50b(5)	Property	F	Third degree killing or torturing animals	4
5	750.50c(5)	Pub ord	E	Killing or causing serious physical harm to law enforcement animal or search and rescue dog	5
6	750.50c(7)	Pub saf	H	Harassing or causing harm to law enforcement animal or search and rescue dog while committing crime	2
7	750.68	Property	G	Changing brands with intent to steal	4

8 Sec. 34. (1) Offense variable 4 is psychological injury to a

9 victim. Score offense variable 4 by determining which of the

10 following apply and by assigning the number of points

11 attributable to the one that has the highest number of points:

12	(a) Serious psychological injury requiring
13	professional treatment occurred to a victim......... 10 points
14	(b) For a conviction under section 50b of
15	the Michigan penal code, 1931 PA 328, MCL 750.50b,
16	serious psychological injury requiring professional
17	treatment occurred to the owner of a companion

1	animal............................................... 5 points
2	(c) ~~(b)~~ No serious psychological injury requiring
3	professional treatment occurred to a victim......... 0 points

4 (2) Score 10 points if the serious psychological injury may

5 require professional treatment. In making this determination, the

6 fact that treatment has not been sought is not conclusive.

7 Sec. 40. (1) Offense variable 10 is exploitation of a

8 vulnerable victim. Score offense variable 10 by determining which

9 of the following apply and by assigning the number of points

10 attributable to the one that has the highest number of points:

11	(a) Predatory conduct was involved............. 15 points
12	(b) The offender exploited a victim's physical
13	disability, mental disability, youth or agedness,
14	or a domestic relationship, or the offender abused
15	his or her authority status......................... 10 points
16	(c) The offender exploited a victim by his or
17	her difference in size or strength, or both, or
18	exploited a victim who was intoxicated, under the
19	influence of drugs, asleep, or unconscious.......... 5 points
20	(d) The offender did not exploit a victim's
21	vulnerability....................................... 0 points

22 (2) The mere existence of 1 or more factors described in

23 subsection (1) does not automatically equate with victim

24 vulnerability.

25 (3) As used in this section:

26 (a) "Predatory conduct" means preoffense conduct directed at

1 a victim, or a law enforcement officer posing as a potential

2 victim, for the primary purpose of victimization.

3 (b) "Exploit" means to manipulate a victim for selfish or

4 unethical purposes. Exploit also means to violate section 50b of

5 the Michigan penal code, 1931 PA 328, MCL 750.50b, for the

6 purpose of manipulating a victim for selfish or unethical

7 purposes.

8 (c) "Vulnerability" means the readily apparent

9 susceptibility of a victim to injury, physical restraint,

10 persuasion, or temptation.

11 (d) "Abuse of authority status" means a victim was exploited

12 out of fear or deference to an authority figure, including, but

13 not limited to, a parent, physician, or teacher.

14 Sec. 46. (1) Offense variable 16 is property obtained,

15 damaged, lost, or destroyed. Score offense variable 16 by

16 determining which of the following apply and by assigning the

17 number of points attributable to the one that has the highest

18 number of points:

19	(a) For a conviction under section 50 of the
20	Michigan penal code, 1931 PA 328, MCL 750.50, the
21	property was 25 or more animals..................... 25 points
22	(b) For a conviction under section 50 of the
23	Michigan penal code, 1931 PA 328, MCL 750.50, the
24	property was 10 or more animals but fewer than 25
25	animals............................................. 10 points
26	(c) ~~(a)~~ Wanton or malicious damage occurred

1	beyond that necessary to commit the crime for
2	which the offender is not charged and will not be
3	charged............................................. 10 points
4	(d) ~~(b)~~ The property had a value of more than
5	$20,000.00 or had significant historical, social,
6	or sentimental value................................ 10 points
7	(e) ~~(c)~~ The property had a value of $1,000.00
8	or more but not more than $20,000.00................ 5 points
9	(f) ~~(d)~~ The property had a value of $200.00
10	or more but not more than $1,000.00................. 1 point
11	(g) ~~(e)~~ No property was obtained, damaged,
12	lost, or destroyed or the property had a value of
13	less than $200.00................................... 0 points

14 (2) All of the following apply to scoring offense variable

15 16:

16 (a) In multiple offender or victim cases, the appropriate

17 points may be determined by adding together the aggregate value

18 of the property involved, including property involved in

19 uncharged offenses or charges dismissed under a plea agreement.

20 (b) In cases in which the property was obtained unlawfully,

21 lost to the lawful owner, or destroyed, use the value of the

22 property in scoring this variable. If the property was damaged,

23 use the monetary amount appropriate to restore the property to

24 pre-offense condition in scoring this variable.

25 (c) The amount of money or property involved in admitted but

26 uncharged offenses or in charges that have been dismissed under a

27 plea agreement may be considered.

1 Sec. 49. Offense variable 19 is threat to the security of a

2 penal institution or court or interference with the

3 administration of justice or the rendering of emergency services.

4 Score offense variable 19 by determining which of the following

5 apply and by assigning the number of points attributable to the

6 one that has the highest number of points:

7	(a) The offender by his or her conduct threatened
8	the security of a penal institution or court........ 25 points
9	(b) The offender used force or the threat of
10	force against another person or the property of
11	another person to interfere with, attempt to interfere
12	with, or that results in the interference with the
13	administration of justice or the rendering of emergency
14	services............................................ 15 points
15	(c) The offender otherwise interfered with or
16	attempted to interfere with the administration of
17	justice, or directly or indirectly violated a personal
18	protection order.................................... 10 points
19	(d) The offender did not threaten the security
20	of a penal institution or court or interfere with
21	or attempt to interfere with the administration of
22	justice or the rendering of emergency services by
23	force or threat of force............................. 0 points