Bill Text: MI SB0277 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of animal cruelty; enact and amend. Amends secs. 16b, 34, 40, 46 & 49, ch. XVII of 1927 PA 175 (MCL 777.16b et seq.). TIE BAR WITH: SB 0276'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-27 - Referred To Committee Of The Whole [SB0277 Detail]

Download: Michigan-2017-SB0277-Introduced.html

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SENATE BILL No. 277

 

 

March 28, 2017, Introduced by Senators JONES, BIEDA, KNEZEK, O'BRIEN, ROCCA and CONYERS and referred to the Committee on Judiciary.

 

 

      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 2008 PA 562, 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	750.49(2)(a) to (d)	Pub ord	F	Fighting animals or providing facilities for animal fights	4
2	750.49(2)(e)	Pub ord	F	Organizing or promoting animal fights	4
3	750.49(2)(f)	Pub ord	H	Attending animal fight	4
4	750.49(2)(g)	Pub ord	F	Breeding or selling fighting animals	4
5	750.49(2)(h)	Pub ord	F	Selling or possessing equipment for animal fights	4
6	750.49(8)	Person	A	Inciting fighting animal resulting in death	Life
7	750.49(9)	Person	F	Inciting fighting animal to attack	4
8	750.49(10)	Person	D	Fighting animal attacking without provocation and death resulting	15
9	750.50(4)(c)	Pub ord	GF	Animal neglect or cruelty involving 4 or more animals but fewer than 10 animals or with 1 prior conviction	2
10	750.50(4)(d)	Pub ord	FE	Animal neglect or cruelty involving 10 or more animals but fewer than 25 animals or with 2 or more prior convictions	4
11	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	E	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 attributable

 

11  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

1	(b) For a conviction under section 50b of
2	the Michigan penal code, 1931 PA 328, MCL 750.50b,
3	serious psychological injury requiring professional
4	treatment occurred to the owner of a companion
5	animal...............................................  5 points
6	(c) (b) No serious psychological injury requiring
7	professional treatment occurred to a victim.........   0 points

 

 

 8        (2) Score 10 points if the serious psychological injury may

 

 9  require professional treatment. In making this determination, the

 

10  fact that treatment has not been sought is not conclusive.

 

11        Sec. 40. (1) Offense variable 10 is exploitation of a

 

12  vulnerable victim. Score offense variable 10 by determining which

 

13  of the following apply and by assigning the number of points

 

14  attributable to the one that has the highest number of points:

 

 

15	(a) Predatory conduct was involved.............  15 points
16	(b) The offender exploited a victim's physical
17	disability, mental disability, youth or agedness,
18	or a domestic relationship, or the offender abused
19	his or her authority status.........................  10 points
20	(c) The offender exploited a victim by his or
21	her difference in size or strength, or both, or
22	exploited a victim who was intoxicated, under the
23	influence of drugs, asleep, or unconscious..........   5 points
24	(d) The offender did not exploit a victim's
25	vulnerability.......................................   0 points

 

 

26        (2) The mere existence of 1 or more factors described in

 

27  subsection (1) does not automatically equate with victim

 1  vulnerability.

 

 2        (3) As used in this section:

 

 3        (a) "Predatory conduct" means preoffense conduct directed at a

 

 4  victim, or a law enforcement officer posing as a potential victim,

 

 5  for the primary purpose of victimization.

 

 6        (b) "Exploit" means to manipulate a victim for selfish or

 

 7  unethical purposes. Exploit also means to violate section 50b of

 

 8  the Michigan penal code, 1931 PA 328, MCL 750.50b, for the purpose

 

 9  of manipulating a victim for selfish or unethical purposes.

 

10        (c) "Vulnerability" means the readily apparent susceptibility

 

11  of a victim to injury, physical restraint, persuasion, or

 

12  temptation.

 

13        (d) "Abuse of authority status" means a victim was exploited

 

14  out of fear or deference to an authority figure, including, but not

 

15  limited to, a parent, physician, or teacher.

 

16        Sec. 46. (1) Offense variable 16 is property obtained,

 

17  damaged, lost, or destroyed. Score offense variable 16 by

 

18  determining which of the following apply and by assigning the

 

19  number of points attributable to the one that has the highest

 

20  number of points:

 

 

21	(a) For a conviction under section 50 of the
22	Michigan penal code, 1931 PA 328, MCL 750.50, the
23	property was 25 or more animals.....................  25 points
24	(b) For a conviction under section 50 of the
25	Michigan penal code, 1931 PA 328, MCL 750.50, the
26	property was 10 or more animals but fewer than 25
27	animals.............................................  10 points

1	(c) (a) Wanton or malicious damage occurred
2	beyond that necessary to commit the crime for
3	which the offender is not charged and will not be
4	charged.............................................  10 points
5	(d) (b) The property had a value of more than
6	$20,000.00 or had significant historical, social,
7	or sentimental value................................  10 points
8	(e) (c) The property had a value of $1,000.00
9	or more but not more than $20,000.00................   5 points
10	(f) (d) The property had a value of $200.00
11	or more but not more than $1,000.00.................   1 point
12	(g) (e) No property was obtained, damaged,
13	lost, or destroyed or the property had a value of
14	less than $200.00...................................   0 points

 

 

15        (2) All of the following apply to scoring offense variable 16:

 

16        (a) In multiple offender or victim cases, the appropriate

 

17  points may be determined by adding together the aggregate value of

 

18  the property involved, including property involved in uncharged

 

19  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, use

 

23  the monetary amount appropriate to restore the property to pre-

 

24  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 administration

 

 3  of justice or the rendering of emergency services. Score offense

 

 4  variable 19 by determining which of the following apply and by

 

 5  assigning the number of points attributable to the one that has the

 

 6  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 services by
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 Senate Bill No. 276                                      

 1            of the 99th Legislature is enacted into law.