Bill Text: MI SB0841 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Crimes; penalties; penalties for certain violations involving food assistance; revise, and provide for forfeiture of property obtained in the violation. Amends sec. 300a of 1931 PA 328 (MCL 750.300a).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2014-11-13 - Referred To Committee On Criminal Justice [SB0841 Detail]

Download: Michigan-2013-SB0841-Engrossed.html

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SB-0841, As Passed Senate, November 13, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 841

 

 

March 4, 2014, Introduced by Senators JONES, BOOHER, ROBERTSON, PROOS and SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 300a (MCL 750.300a), as amended by 1993 PA 230.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 300a. (1) A person who knowingly uses, transfers,

 

acquires, alters, purchases, possesses, presents for redemption, or

 

transports food stamps or coupons or an access devices device for

 

obtaining food assistance benefits, other than as authorized by the

 

food stamp act of 1977, 7 U.S.C. USC 2011 to 2030, 2036a, and the

 

regulations promulgated under that act, or any supplemental food

 

program administered by any department of this state pursuant to

 

under section 17 of the child nutrition act of 1966, 42 U.S.C. USC

 

1786, and the regulations promulgated under that act, is guilty of

 

a crime as follows:

 

     (a) Except as otherwise provided in this subdivision, if the

 

aggregate value of the food stamps or coupons or access devices

 

assistance benefits used, transferred, acquired, altered,

 

purchased, possessed, presented for redemption, or transported is

 

$250.00 $100.00 or less, the person is guilty of a misdemeanor ,

 

punishable by imprisonment for not more than 93 days, 1 year or a

 

fine of not more than $1,000.00, or both. If the person has 1 prior

 

conviction for violating this section, the person is guilty of a

 

felony , and may be punished as provided in subdivision (b). If the

 

person has 2 or more prior convictions for violating this section,

 

the person is guilty of a felony , and may be punished as provided

 

in subdivision (c). The existence of a prior conviction shall be

 

determined by the court at sentencing.

 

     (b) Except as otherwise provided in this subdivision, if the

 

aggregate value of the food stamps or coupons or access devices

 

assistance benefits used, transferred, acquired, altered,

 

purchased, possessed, presented for redemption, or transported is

 

more than $250.00 but does not exceed $1,000.00, $100.00 but less

 

than $5,000.00, 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 both. If the person has 1 or more prior convictions

 

for violating this section, the person is guilty of a felony , and

 

may be punished as provided in subdivision (c). The existence of a

 

prior conviction shall be determined by the court at sentencing.

 

     (c) If the aggregate value of the food stamps or coupons or

 

access devices assistance benefits used, transferred, acquired,

 

altered, purchased, possessed, presented for redemption, or

 

transported is more than $1,000.00, $5,000.00 or more, the person

 

is guilty of a felony , punishable by imprisonment for not more

 

than 10 20 years , or a fine of not more than $250,000.00, or both.

 

     (2) If food stamps or coupons or access devices of various

 

values are assistance is used, transferred, acquired, altered,

 

purchased, possessed, presented for redemption, or transported in

 

violation of this section over a period of 12 months, the course of

 

conduct may be charged as 1 offense and the values of the food

 

stamps or coupons or access devices that assistance aggregated in

 

determining the degree of the offense.

 

     (3) A court of proper venue may order the forfeiture and

 

denial of property rights of any nonfood items, money, negotiable

 

instruments, securities, or other things of value that are

 

furnished by any person in exchange for benefits, or anything of

 

value obtained in violation of this section. Any forfeiture and

 

disposal of property forfeited under this subsection shall be

 

conducted in accordance with procedures authorized under the food

 

stamp act of 1977, 7 USC 2011 to 2036a.

 

     (4) The court shall order, in addition to any other sentence

 

imposed under this section, that the person forfeit to this state

 

all property described in subsections (3) and (5).

 

     (5) All real and personal property used to commit or to

 

facilitate the commission of a felony violation of subsection

 

(1)(b) or (c), and all proceeds traceable to a violation of

 

subsection (1)(b) or (c), are subject to forfeiture to this state

 

under subsection (3).

 

     (6) No interest in property shall be forfeited under this

 

section as the result of any act or omission that is proven by the

 

owner of that interest to have been committed or omitted without

 

his or her knowledge and consent.

 

     (7) The proceeds from any sale of forfeited property and any

 

money forfeited under this section shall be used in the following

 

order of priority:

 

     (a) To reimburse the department of human services for the

 

costs incurred by the department of human services to initiate and

 

complete the forfeiture proceeding.

 

     (b) To reimburse the United States department of agriculture

 

for any costs incurred in the law enforcement effort resulting in

 

the forfeiture.

 

     (c) To reimburse any federal or state law enforcement agency

 

for any costs incurred in the law enforcement effort resulting in

 

the forfeiture.

 

     (d) To reimburse the United States department of agriculture

 

for any loss incurred from a violation of subsection (1)(b) or (c).

 

     (8) (3) As used in this section:

 

     (a) "Access device" means any card, including an electronic

 

benefit transfer card issued by the department of human services

 

for the purpose of distributing government benefits, and any plate,

 

code, account number, or other means of access that can be used,

 

alone or in conjunction with another access device, to obtain

 

payments, allotments, benefits, money, goods, or other things of

 

value, or that can be used to initiate a transfer of funds pursuant

 

to under the food stamp program established under the food stamp

 

act of 1977, 7 U.S.C. USC 2011 to 2030, 2036a, or any supplemental

 

food program administered by any department of this state pursuant

 

to under section 17 of the child nutrition act of 1966, 42 U.S.C.

 

USC 1786.

 

     (b) "Aggregate value of the food stamps or coupons or access

 

devices" means the total face value of any food stamps or coupons

 

"Aggregate value" means the total assistance benefits involved in

 

the violation plus the total value of any access devices involved

 

in the violation. The value of an access device is the total value

 

of the payments, allotments, benefits, money, goods, or other

 

things of value that may be obtained, or the total value of funds

 

that may be transferred, by use of the access device at the time of

 

the violation.

 

     (c) "Food stamps or coupons" means the coupons issued pursuant

 

to the food stamp program established under the food stamp act of

 

1977, 7 U.S.C. 2011 to 2030, or issued pursuant to any supplemental

 

food program administered by any department of this state pursuant

 

to section 17 of the child nutrition act of 1966, 42 U.S.C. 1786.