Bill Text: MI HB5692 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Crimes; arson; certain arson violations; revise elements of crimes and provide for increased penalties. Amends secs. 71, 72 & 73 of 1931 PA 328 (MCL 750.71 et seq.). TIE BAR WITH: HB 5693'12, HB 5694'12
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-12-31 - Assigned Pa 531'12 2012 Addenda [HB5692 Detail]
Download: Michigan-2011-HB5692-Engrossed.html
HB-5692, As Passed Senate, December 13, 2012
HOUSE BILL No. 5692
(As amended December 13, 2012)
May 29, 2012, Introduced by Reps. Walsh, Heise, Zorn, MacGregor, LeBlanc, Horn and Lyons and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 71, 72, and 73 (MCL 750.71, 750.72, and
750.73).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
71. Definition of "burn"—The term "burn" as used in this
chapter
shall mean setting fire to, or doing any act which results
in
the starting of a fire, or aiding, counseling, inducing,
persuading
or procuring another to do such act or acts.Unless the
context requires otherwise, the following terms have the following
meanings:
(a) "Building"<< >> includes
any structure regardless of class or character and any building or
structure that is within the curtilage of that building or
structure or that is appurtenant to or connected to that building
House Bill No. 5692 as amended December 13, 2012
or structure.
(b) "Burn" means setting fire to, or doing any act that
results in the starting of a fire, or aiding, counseling, inducing,
persuading, or procuring another to do such an act.
(c) "Damage", in addition to its ordinary meaning, includes,
but is not limited to, charring, melting, scorching, burning, or
breaking.
(d) "Dwelling" includes, but is not limited to, any building,
structure, vehicle, watercraft, or trailer adapted for human
habitation that was actually lived in or reasonably could have been
lived in at the time of the fire or explosion and any building or
structure that is within the curtilage of that dwelling or that is
appurtenant to or connected to that dwelling.
(e) "Individual" means any individual and includes, but is not
limited to, a firefighter, law enforcement officer, or other
emergency responder, whether paid or volunteer, performing his or
her duties in relation to a violation of this chapter, or
performing an investigation of a violation of this chapter.
(f) "Personal property" includes any personally owned property
regardless of class, character, or value.
(g) "Physical injury" means <<an>> injury that includes,
but is not limited to, <<the>> loss of a limb or use of a
limb; loss of a foot, hand, finger, or thumb, or loss of use of a
foot, hand, finger, or thumb; loss of an eye or ear or loss of use
of an eye or ear; loss or substantial impairment of a bodily
function; serious visible disfigurement; a comatose state that
lasts for more than 3 days; measurable brain or mental impairment;
a skull fracture or other serious bone fracture; subdural
hemorrhage or subdural hematoma; loss of an organ; heart attack;
heat stroke; heat exhaustion; smoke inhalation; a burn including a
chemical burn; or poisoning.
(h) "Prior conviction" means a previous conviction for a
violation of this chapter that arises out of a separate
transaction, whether under this chapter, a local ordinance
substantially corresponding to this chapter, a law of the United
States substantially corresponding to this chapter, or a law of
another state substantially corresponding to this chapter, but does
not include a violation of section 79(1)(a).
Sec.
72. Burning dwelling house—Any person who wilfully or
maliciously
burns any dwelling house, either occupied or
unoccupied,
or the contents thereof, whether owned by himself or
another,
or any building within the curtilage of such dwelling
house,
or the contents thereof, shall be guilty of a felony,
punishable
by imprisonment in the state prison not more than 20
years.
(1) A person who willfully or maliciously burns, damages, or
destroys by fire or explosive any of the following or its contents
is guilty of first degree arson:
(a) A multiunit building or structure in which 1 or more units
of the building are a dwelling, regardless of whether any of the
units are occupied, unoccupied, or vacant at the time of the fire
or explosion.
(b) Any building or structure or other real property if the
fire or explosion results in physical injury to any individual.
(c) A mine.
(2) Subsection (1) applies regardless of whether the person
owns the dwelling, building, structure, or mine or its contents.
(3) First degree arson is a felony punishable by imprisonment
for life or any term of years or a fine of not more than $20,000.00
or 3 times the value of the property damaged or destroyed,
whichever is greater, or both imprisonment and a fine.
Sec.
73. Burning of other real property—Any person who
wilfully
or maliciously burns any building or other real property,
or
the contents thereof, other than those specified in the next
preceding
section of this chapter, the property of himself or
another,
shall be guilty of a felony, punishable by imprisonment in
the
state prison for not more than 10 years.
(1) Except as provided in section 72, a person who willfully
or maliciously burns, damages, or destroys by fire or explosive a
dwelling, regardless of whether it is occupied, unoccupied, or
vacant at the time of the fire or explosion, or its contents, is
guilty of second degree arson.
(2) Subsection (1) applies regardless of whether the person
owns the dwelling or its contents.
(3) Second degree arson is a felony punishable by imprisonment
for not more than 20 years or a fine of not more than $20,000.00 or
3 times the value of the property damaged or destroyed, whichever
is greater, or both imprisonment and a fine.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. _____ or House Bill No. 5693(request no.
05786'12).
(b) Senate Bill No. _____ or House Bill No. 5694(request no.
05787'12).
