PROP. LOSS: SCORING OF SENT. GUID. H.B. 6553: FLOOR ANALYSIS


House Bill 6553 (as passed by the House)
Sponsor: Representative John Stakoe
House Committee: Judiciary

CONTENT
The bill would amend the Code of Criminal Procedure to revise the scoring of offense variable 9 (number of victims) in the application of the sentencing guidelines, and include as victims people who were placed in danger of property loss. The Code requires the court to score points for offense variable 9 as shown below.


Condition Points Scored
Multiple deaths occurred 100
10 or more victims 25
2 to 9 victims 10
Fewer than 2 victims 0

Under the bill, the court would have to score points for offense variable 9 as shown below.


Condition Points Scored
Multiple deaths occurred 100
10 or more victims placed in danger of physical injury or death, or 20 or more victims placed in danger of property loss 25
2 to 9 victims placed in danger of physical injury or death, or 4 to 19 victims placed in danger of property loss 10
Fewer than 2 victims placed in danger of physical injury or death, or fewer than 4 victims placed in danger of property loss 0

In scoring offense variable 9, the court must count as a victim each person placed in danger of injury or loss of life. The bill would require the court to count each person placed in danger of physical injury or loss of life or property.


MCL 777.39 Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of offenses involving victims who were placed in danger of property loss. To the extent that the bill would increase incarceration time, local governments would incur increased costs of incarceration in local facilities, which vary by county. The State would incur increased costs of incarceration in a State facility at an average annual cost of $31,000.


Date Completed: 12-7-06 Fiscal Analyst: Lindsay Hollander

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb6553/0506