Bill Text: MI SB0224 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Identity theft; penalties; penal code; amend to include identity theft protection act as predicate offense underlying racketeering activity. Amends sec. 159g of 1931 PA 328 (MCL 750.159g). TIE BAR WITH: SB 0223'09, SB 0225'09, SB 0226'09
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2010-11-30 - Referred To Second Reading [SB0224 Detail]
Download: Michigan-2009-SB0224-Engrossed.html
SB-0224, As Passed Senate, November 10, 2010
SUBSTITUTE FOR
SENATE BILL NO. 224
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 159g (MCL 750.159g), as amended by 2009 PA 82.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 159g. As used in this chapter, "racketeering" means
committing, attempting to commit, conspiring to commit, or aiding
or abetting, soliciting, coercing, or intimidating a person to
commit an offense for financial gain, involving any of the
following:
(a) A felony violation of section 8 of the tobacco products
tax act, 1993 PA 327, MCL 205.428, concerning tobacco product
taxes, or section 9 of former 1947 PA 265, concerning cigarette
taxes.
(b) A violation of section 11151(3) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.11151, or
section 48(3) of former 1979 PA 64, concerning felonious disposal
of hazardous waste.
(c) A felony violation of part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, concerning controlled
substances.
(d) A felony violation of section 60 of the social welfare
act, 1939 PA 280, MCL 400.60, concerning welfare fraud.
(e) A violation of section 4, 5, or 7 of the medicaid false
claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607,
concerning medicaid fraud.
(f) A felony violation of section 18 of the Michigan gaming
control
and revenue act, the Initiated Law of IL 1 1996, MCL
432.218, concerning the business of gaming.
(g) A violation of the identity theft protection act, 2004 PA
452, MCL 445.61 to 445.79c.
(h) (g)
A violation of section 409 of the
uniform securities
act, 1964 PA 265, MCL 451.809, or section 508 of the uniform
securities act (2002), 2008 PA 551, MCL 451.2508, concerning
securities fraud.
(i) (h)
A violation of section 5 or 7 of
1978 PA 33, MCL
722.675 and 722.677, concerning the display or dissemination of
obscene matter to minors.
(j) (i)
A felony violation of section 72,
73, 74, 75, or 77,
concerning arson.
(k) (j)
A violation of section 93, 94, 95,
or 96, concerning
bank bonds, bills, notes, and property.
(l) (k)
A violation of section 110 or 110a,
concerning breaking
and entering or home invasion.
(m) (l) A
violation of section 117, 118, 119, 120, 121, or 124,
concerning bribery.
(n) (m)
A violation of section 120a,
concerning jury
tampering.
(o) (n)
A violation of section 145c,
concerning child sexually
abusive activity or material.
(p) (o)
A felony violation of section 157n,
157p, 157q, 157r,
157s, 157t, or 157u, concerning credit cards or financial
transaction devices.
(q) (p)
A felony violation of section 174,
175, 176, 180, 181,
or 182, concerning embezzlement.
(r) (q)
A felony violation of chapter
XXXIII, concerning
explosives and bombs.
(s) (r)
A violation of section 213,
concerning extortion.
(t) (s)
A felony violation of section 218,
concerning false
pretenses.
(u) (t)
A felony violation of section
223(2), 224(1)(a), (b),
or (c), 224b, 224c, 224e(1), 226, 227, 234a, 234b, or 237a,
concerning firearms or dangerous weapons.
(v) (u)
A felony violation of chapter XLI,
concerning forgery
and counterfeiting.
(w) (v)
A violation of section 271, 272,
273, or 274,
concerning securities fraud.
(x) (w)
A violation of section 300a,
concerning food stamps or
coupons or access devices.
(y) (x)
A violation of section 301, 302,
303, 304, 305, 305a,
or 313, concerning gambling.
(z) (y)
A violation of section 316 or 317,
concerning murder.
(aa) (z)
A violation of section 330, 331, or
332, concerning
horse racing.
(bb) (aa)
A violation of section 349, 349a,
or 350, concerning
kidnapping.
(cc) (bb)
A felony violation of chapter LII,
concerning
larceny.
(dd) (cc)
A violation of section 411k,
concerning money
laundering.
(ee) (dd)
A violation of section 422, 423,
424, or 425,
concerning perjury or subornation of perjury.
(ff) (ee)
A violation of section 452, 455,
457, 458, or 459,
concerning prostitution.
(gg) (ff)
A violation of section 529, 529a,
530, or 531,
concerning robbery.
(hh) (gg)
A felony violation of section 535
or 535a,
concerning stolen, embezzled, or converted property.
(ii) (hh)
A violation of chapter LXXXIII-A,
concerning
terrorism.
(jj) (ii)
A violation of section 5 of 1984 PA
343, MCL
752.365, concerning obscenity.
(kk) (jj)
An offense committed within this
state or another
state that constitutes racketeering activity as defined in 18 USC
1961(1).
(ll) (kk)
An offense committed within this
state or another
state in violation of a law of the United States that is
substantially similar to a violation listed in subdivisions (a)
through
(ii)(jj).
(mm) (ll) An
offense committed in another state in violation of
a statute of that state that is substantially similar to a
violation
listed in subdivisions (a) through (ii)(jj).
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 223.
(b) Senate Bill No. 225.
(c) Senate Bill No. 226.
