Bill Text: MI HB4488 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Crimes; fraud; value thresholds for crime of false pretenses; revise. Amends sec. 218 of 1931 PA 328 (MCL 750.218).
Spectrum: Moderate Partisan Bill (Democrat 22-3)
Status: (Introduced - Dead) 2011-09-08 - Recommendation Concurred In [HB4488 Detail]
Download: Michigan-2011-HB4488-Introduced.html
HOUSE BILL No. 4488
March 23, 2011, Introduced by Reps. Dillon, Ananich, Darany, Lindberg, Switalski, Roy Schmidt, Byrum, Barnett, Lyons, O'Brien, Walsh, Tlaib, Liss, Nathan, Slavens, Haugh, Hovey-Wright, Cavanagh, Brunner, Olumba, Lipton, Hobbs, Bauer, Brown and Meadows and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 218 (MCL 750.218), as amended by 2004 PA 154.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 218. (1) A person who, with the intent to defraud or
cheat makes or uses a false pretense to do 1 or more of the
following is guilty of a crime punishable as provided in this
section:
(a) Cause a person to grant, convey, assign, demise, lease, or
mortgage land or an interest in land.
(b) Obtain a person's signature on a forged written
instrument.
(c) Obtain from a person any money or personal property or the
use of any instrument, facility, article, or other valuable thing
or service.
(d) By means of a false weight or measure obtain a larger
amount or quantity of property than was bargained for.
(e) By means of a false weight or measure sell or dispose of a
smaller amount or quantity of property than was bargained for.
(2) If the land, interest in land, money, personal property,
use of the instrument, facility, article, or valuable thing,
service, larger amount obtained, or smaller amount sold or disposed
of 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, 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, whichever
is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use
of the instrument, facility, article, or valuable thing, service,
larger amount obtained, or smaller amount sold or disposed of 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.
(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, whichever is
greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use
of the instrument, facility, article, or valuable thing, service,
larger amount obtained, or smaller amount sold or disposed of has a
value of $1,000.00 or more but less than $20,000.00.
(b) The person violates subsection (3)(a) 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).
(5) If any of the following apply, the person is guilty of a
felony
punishable by imprisonment for not more than 10 15 years
or
a fine of not more than $15,000.00 or 3 times the value, whichever
is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use
of the instrument, facility, article, or valuable thing, service,
larger amount obtained, or smaller amount sold or disposed of has a
value of $20,000.00 or more but less than $50,000.00.
(b) The person violates subsection (4)(a) 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).
(6) If any of the following apply, 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, whichever is
greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use
of the instrument, facility, article, or valuable thing, service,
larger amount obtained, or smaller amount sold or disposed of has a
value of $50,000.00 or more but less than $100,000.00.
(b) The person violates subsection (5)(a) 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).
(7) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 20 years or a
fine of not more than $35,000.00 or 3 times the value, whichever is
greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use
of the instrument, facility, article, or valuable thing, service,
larger amount obtained, or smaller amount sold or disposed of has a
value of $100,000.00 or more.
(b) The person violates subsection (6)(a) 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).
(8) (6)
The values of land, interest in
land, money, personal
property, use of the instrument, facility, article, or valuable
thing, service, larger amount obtained, or smaller amount sold or
disposed of in separate incidents pursuant to a scheme or course of
conduct within any 12-month period may be aggregated to determine
the total value involved in the violation of this section.
(9) (7)
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 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) (8)
If the sentence for a conviction
under this section
is enhanced by 1 or more prior convictions, those prior convictions
shall not be used to further enhance the sentence for the
conviction
pursuant to 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.
(11) (9)
As used in this section,
"false pretense" includes,
but is not limited to, a false or fraudulent representation,
writing, communication, statement, or message, communicated by any
means to another person, that the maker of the representation,
writing, communication, statement, or message knows is false or
fraudulent. The false pretense may be a representation regarding a
past or existing fact or circumstance or a representation regarding
the intention to perform a future event or to have a future event
performed.
