2012 Michigan Criminal Law Legislation Part 2

N. Fleeing and Eluding.

1. Vessels. 2012 PA 61. Effective Nov. 1, 2012. Amends the fleeing and eluding statute to include vessel operators who flee a peace officer. In addition to criminal penalties, the operator’s privileges to operate a vessel must be suspended for up to 5 years. MCL 750.479a.

2. Increases Penalties. 2012 PA 323. Effective Jan. 1, 2013. Moves 1st degree fleeing and eluding from the C to the B grid. Moves 2nd degree fleeing and eluding from the D to the C grid. MCL 777.16x.

O. Funeral Protests. 2012 PA 5 & 6. Effective Feb. 6, 2012. Revise the protesting at a funeral statute. MCL 750.167d. The new elements are;

1. Make any statement or gesture or engage in any conduct that would make a reasonable person attending that funeral, memorial service, procession, or burial feel intimidated, threatened, or harassed.

2. Make any statement or gesture or engage in any conduct intended to incite or produce a breach of the peace among those attending that funeral, memorial service, viewing, burial or traveling in the procession, and that causes a breach of the peace among those attending that funeral, memorial service, viewing, burial or traveling in that procession.

3. Make any statement or gesture or engage in any conduct intended to disrupt the funeral, memorial service, viewing, procession, or burial and that disrupts the funeral, memorial service, viewing, procession, or burial.

P. Insurance Fraud. 2012 PA 39. Effective March 6, 2012. Makes is fraudulent act to use a “runner, capper, or steerer” to recruit a person to knowingly file a false insurance claim, with the intent to injure, defraud, or deceive. MCL 500.4503.

1. It is a felony, punishable by up to 4 years in prison, a $50,000 fine, or both. MCL 500.4511. It is an F felony under the guidelines. MCL 777.15a.

Q. Internet Privacy. 2012 PA 478. Effective Dec. 28, 2013. The Internet Privacy Protection Act.

1. Makes it a misdemeanor, punishable by a $1,000 fine, for an employer or educational institution to request information that allows access to the person internet account of an employee, applicant for employment, a student, or prospective student.

R. Livestock Dealer Act. 2012 PA 317. Effective Oct. 1, 2012. Increases the penalties for violations to up to 93 days in jail, a $300-1,000 fine, or both. MCL 287.131.

S. Lying to a Peace Officer. 2012 PA 104 & 105. Effective July 20, 2012.

1. Makes it a crime for any person who has been informed by a peace officer that the officer is conducting a criminal investigation to do any of the following.

a. Use a trick, scheme, or device to knowingly and willfully conceal from the officer any material fact relating to the criminal investigation. MCL 750.479c(1)(a).

b. Knowingly and willfully make a statement to the officer that the person knows is false or misleading regarding a material fact in the criminal investigation. MCL 750.479c(1)(b).

c. Knowingly and willfully issue or otherwise provide any writing or document to the officer that the person knows is false or misleading regarding a material fact in the criminal investigation. MCL 750.479c(1)(c).

2. The penalties for a violation vary depending on the crime being investigated by the police;

a. If investigating a serious misdemeanor, it is a misdemeanor punishable by up to 93 days in jail, a $500 fine, or both. MCL 750.479c(2)(a).

b. If investigating a misdemeanor punishable by imprisonment for more than 1 year, or a felony punishable by imprisonment for less than 4 years, the crime is a misdemeanor punishable by imprisonment for up to 1 year, a $2,500 fine, or both. MCL 750.479c(2)(b).

c. If investigating a felony punishable by imprisonment for more than 4 years, the crime is a misdemeanor, punishable by imprisonment for up to 2 years, a $5,000 fine, or both. MCL 750.479c.(2)(c). It is a G felony under the sentencing guidelines. MCL 777.16x.

d. If investigating 1st or 2nd degree murder, human traffiking, 1st degree CSC, armed robbery, car jacking, and terrorism, or violations of the arson, explosives, and kidnapping statutes with a maximum penalty of not less than 20 years, the crime is a felony, punishable by 4 years in prison, a $5,000, or both. MCL 750.479c(2)(d). It is an F felony under the sentencing guidelines. MCL 777.16x.

3. The law doesn’t apply to the victim, or to a person coerced into making a false statement due to domestic violence. MCL 750.479c(3).

T. Marine Safety.

1. Personal Flotation Devices. 2012 PA 58 & 61. Effective Nov. 1, 2012. Makes it a civil infraction if a person riding or being towed by a personal watercraft, or being towed by a vessel, is not wearing a property personal flotation device. An inflatable personal flotation device is not acceptable. MCL 324.80152 & MCL 324.80205.

2. Barges. 2012 PA 59. Effective Nov. 1, 2012. Regulates the lighting used on barges and makes it a misdemeanor, punishable by up to 90 days in jail, a $10,000 fine, or both, for violations. MCL 324.80143.

3. Stopping a Vessel. 2012 PA 62. Effective Nov. 1, 2012. Removes the ability to stop and inspect a vessel in order to determine the number and adequacy of PFD’s on the vessel. The vessel can only be stopped if the officer has a reasonable suspicion that the vessel’s operator is violating other laws. MCL 324.80166.

U. Organized Retail Crime. 2012 PA 62. Effective arch 31, 2013.

1. It is a felony punishable by up to 5 years in prison, a $5,000 fine, or both, to do any of the following. MCL 752.1084. It is a G felony under the sentencing guidelines. MCL 777.17d.

a. To knowingly Commit an Organized Retail Crime.

i. Organized Retail Crime means the theft of retail merchandise from a retail merchant with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail merchant or to any other person personally, through the mail, or through any electronic medium, including the internet, in exchange for anything of value. MCL 752.1083.

b. Organizes, supervises, finances, or otherwise manages or assists another person in committing an organized retail crime.

c. Removes, destroys, deactivated, or knowingly evades any component of an anti-shoplifting or inventory control device to prevent the activation of the device or to facilitate another person in committing organized retail crime.

d. Conspiracy to commit organized retail crime.

e. Receive, purchase, or possess retail merchandise for sale or resale knowing or believing the merchandise was stolen.

f. Uses any artifice, instrument, container, device, or other article to facilitate the commission of organized retail crime.

g. Knowingly causes a fire exit alarm to activate, or deactivates a fire exit alarm to facilitate the commission of organized retail crime.

h. Knowingly purchases a wireless telecommunication device using fraudulent credit.

i. Knowingly procures a wireless telecommunication service agreement with the intent to defraud or breach that agreement.

j. Uses another person to obtain a wireless telecommunication service agreement with the intent to defraud or to breach that agreement.

2. If the property was explicitly represented to the accused as stolen, it is not a defense that the property was not actually stolen. MCL 752.1084(5).

3. The Court shall order the defendant to reimburse the governmental agency for expenses incurred in investigation and prosecution. MCL 752.1084(4).

4. Creates an organized retail crime advisory board in the Michigan State Police. MCL 752.1086.

V. Perjury. 2012 PA 360. Effective April 2013. Applies 15 year perjury penalty to a false statement in a record signed under penalty or perjury. MCL 750.423.

1. A record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

2. Signed means the person did either of the following to authenticate or adopt the record;

a. Executed or adopted a tangible symbol

b. Attached to or logically associated with the record an electronic symbol, sound, or process.

W. Plastic Bulk Merchandise Containers. 2012 PA 186. Effective Dec. 18, 2012. Creates the plastic bulk merchandise container act. MCL 445.2071.

1. Makes it a misdemeanor punishable by up to 93 days in jail, a $500 fine, or both, for a dealer to fail to keep accurate records of each purchase of 10 or more bulk merchandise containers, or to fail to hold and tag certain purchased containers for at least 7 days after the sale. MCL 445.2081(1).

2. Makes it a felony punishable by up to 5 years in prison, a $5,000 fine, or both, to knowingly buy or sell 10 or more stolen containers in a single transaction. The fine increases to $10,000 for a second or subsequent offense. MCL 445.2081(2). It is an E felony under the sentencing guidelines. MCL 777.14h.

a. “Plastic bulk merchandise container” means a plastic pallet, crate, container, or shell used by a producer, distributor, or retailer for the bulk transportation or storage for sale at retail, including, but not limited to, food or beverages. MCL 445.2073(e).

X. Security Alarms. 2012 PA 580-581. Effective Jan. 2, 2013. Creates the security alarm systems act. Violations are misdemeanors, punishable by up to 180 days in jail, a $1,000 fine, or both.

Y. Strangulation. 2012 PA 367. Effective April 2, 2013. Makes it a felony punishable by up to 10 years in prison, a $5,000 fine, or both, to assault someone by strangulation or suffocation. MCL 750.84(1)(b).

1. It is a D felony under the sentencing guidelines. MCL 777.16d.

2. Strangulation or suffocation means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. MCL 750.84(2).

Z. Tasers. 2012 PA 122-124. Effective Aug. 6, 2012. Allows a carry a concealed weapons license holder to possess and carry a taser.

1. The rules for carrying a concealed firearm apply. MCL 28.425f, MCL 28.425g, MCL 28.425k, MCL 28.425o.

2. A person who sells a taser must verify the purchaser’s identity and CCW license status. The seller must also provide training on the use, effects, and rists of the taser. MCL 750.224a(5).

a. A violation is misdemeanor, punishable by up to 30 days in jail, a $500 fine, or both. MCL 750.224a(5).

3. Using the taser against another person, except in self-defense, is a misdemeanor, punishable by up to 2 years in prison, a $2,000. MCL 750.224a(6). It is a G felony under the sentencing guidelines. MCL 777.11b.

AA. Unemployment Compensation Fraud. 2012 PA 477. Effective Dec. 27, 2012. Creates the sentencing guidelines for unemployment compensation fraud $3,5000 to $25,000. MCL 777.14c.

BB. Violent Habitual Offenders. 2012 PA 319. Effective Oct. 1, 2012. Mandates a 25 year minimum sentence for violent habitual offenders, 4th offense. MCL 769.12.

1. The defendant must be charged with a serious crime, which include;

a. Assault with the intent to commit murder. MCL 750.83.

b. Assault with intent to commit great bodily harm less than murder. MCL 750.84.

c. Assault with intent to maim. MCL 750.86.

d. Assault with the intent to rob while armed. MCL 750.89.

e. Second degree murder. MCL 750.317.

f. Manslaughter. MCL 750.321.

g. Kidnapping. MCL 750.349.

h. Prisoner taking a hostage. MCL 750.349a.

i. Enticing a child under 14. MCL 750.350.

j. Mayhem. MCL 750.397.

k. 1st, 2nd, and 3rd degree criminal sexual conduct. MCL 750.520b, MCL 750,520c, MCL 750.520d.

l. Assault with the intent to commit sexual penetration. MCL 750.520g(1).

m. Armed robbery. MCL 750.529.

n. Car jacking. MCL 750.529a.

2. The defendant must have three or more prior convictions for a felony or an attempt to commit a felony. For the purposes of imposing the 25 year minimum sentence, multiple convictions arising out of one transaction are counted as only one felony. MCL 769.12(1)(a).

3. One or more of the prior convictions must be for a “listed prior felony.” A listed prior felony includes all serious crimes listed above and the following;

a. Arson of a dwelling. MCL 750.72.

b. Felonious assault. MCL 750.82.

c. Torture. MCL 750.85.

d. Assault with the intent to commit a felony not otherwise not specified. MCL 750.87.

e. Assault with the intent to rob, unarmed. MCL 750.88.

f. Attempted murder. MCL 750.91.

g. 1st or 2nd degree home invasion. MCL 750.110a.

h. 1st or 2nd degree child abuse. MCL 750.136b.

i. 1st or 2nd degree vulnerable adult abuse. MCL 750.145n.

j. Soliciting a murder or other felony. MCL 750.157b.

k. Jail or prison escape through violence. MCL 750.197c.

l. Carrying a dangerous weapon with unlawful intent. MCL 750.226.

m. Carrying a concealed weapon. MCL 750.226.

n. Intentional discharge of a firearm from a vehicle. MCL 750.234a.

o. Intentional discharge of a firearm at a dwelling. MCL 750.234b.

p. Intentional discharge of a firearm at an emergency or law enforcement vehicle. MCL 750.234c.

q. Intentional discharge of a firearm resulting in death. MCL 750.329.

r. Stalking a minor. MCL 750.411h(2)(b).

s. Aggravated stalking. MCL 750.411i.

t. 1st or 2nd degree fleeing and eluding. MCL 750.479a.

u. Assault with the intent to commit sexual conduct. MCL 750.520g.

v. Unarmed robbery. MCL 750.530.

CC. Work Release. 2012 PA 610-613. Effective March 1, 2013. Requires the following for any felon placed on work or school release.

1. The Department of Corrections or the County Sheriff must verify that the felon is currently employed or enrolled in school. MCL 771.3d; MCL 801.251a.

2. Any release is contingent upon the approval of the sheriff. MCL 771.3d.

3. The person must be placed on an electronic monitoring system. MCL 771.31e.

4. Removing, destroying, or circumventing the operation of the monitoring device is a felony, punishable by up to 2 years in prison, a $4,000, or both. MCL 771.3f. It is a G felony under the sentencing guidelines. MCL 777.17f.

A. Child Abuse. 2012 PA 194-195. Effective July 1, 2012. Enacts Dominick’s Law.

1. Increases the penalty for 1st degree child abuse to imprisonment for life or any term of years. MCL 750.136b(2). It is an A felony under the sentencing guidelines. MCL 777.16g.

2. Increases the penalty for 2nd degree child abuse to imprisonment for up to 10 years. MCL 750.136b(3)(a). It is a C felony under the sentencing guidelines. MCL 777.16g.

a. A second or subsequent offense is punishable by up to 20 years in prison. MCL 750.136b(b). It is a B felony under the sentencing guidelines. MCL 777.16g.

3. Creates a new crime of committing 1st degree child abuse in the presence of another child. MCL 750.136d(1)(a). It is punishable by up to life imprisonment. It is an A felony under the sentencing guidelines. MCL 777.16g.

4. Creates a new crime of committing 2nd degree child abuse in the presence of another child. MCL 750.136d(1)(b). It is punishable by up to 10 years in prison. It is a D felony under the sentencing guidelines. MCL 777.16g.

a. A second or subsequent offense is punishable by up to 20 years in prison. MCL 750.136d(1)(c). It is a B felony under the guidelines. MCL 777.16g.

5. Creates a new crime of committing 3rd degree child abuse in the presence of another child. MCL 750.136d(1)(d). It is punishable by up to 2 years in prison. It is a G felony under the sentencing guidelines. MCL 777.16g.

6. Multiple convictions may arise out of the same transaction. MCL 750.136d(2).

B. Child Protective Proceedings. 2012 PA 115. Effective May 1, 2012. Provides the the Department of Human Services is not required to provide family reunification services if the parent is on the Sex Offender Registry. MCL 712a.31b.

C. Child Sexually Abusive Material. 2012 PA 583. Effective March 1, 2013. Makes the following changes to MCL 750.145c.

1. Specifies that making a copy of the sexually abusive material for personal, distributional, or other purposes constitutes the 20 year offense of producing child sexually abusive material. MCL 750.145c(2).

a. Legislatively changes the decision in People v. Hill Mich 658 (2010).

2. Includes knowingly seeking or accessing child sexually abusive material in the 4 year possession charge. MCL 750.145c(4).

3. Prohibits a court from ordering the prosecutor to make a copy of the child sexually abusive material for the defense. The defense can inspect, view, and examine the material at a facility approved by the prosecutor. MCL 750.145c(10).

D. Child Support. 2012 PA 357. Effective March 28, 2012. Allows a source of income to charge a fee for transmitting in response to a notice of income withholding. MCL 552.623.

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