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:
4
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 servicesby
23
force or threat of force............................. 0 points
24 Enacting section 1. This amendatory act takes effect 90 days
25 after the date it is enacted into law.
26 Enacting section 2. This amendatory act does not take effect
27 unless House Bill No. 4332 of the 99th Legislature is enacted
1 into law.