Bill Text: MI SB0841 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
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.
