INCREASE PENALTIES FOR EMBEZZLEMENT
FROM A VULNERABLE ADULT
House Bills 4885 and 4886 as introduced
Sponsor: Rep. Peter Lucido
Committee: Families, Children, and Seniors
Complete to 10-11-17
SUMMARY:
The bills would increase the penalties for attempting to obtain or use a vulnerable adults’ money or property to his or her benefit knowing the vulnerable adult is a vulnerable adult.
House Bill 4885 would amend the Michigan Penal Code to increase both maximum lengths of imprisonment and fines for the various offenses related to attempting to obtain or use a vulnerable adults’ money or property to his or her benefit knowing the vulnerable adult is a vulnerable adult. The various offenses are based on the dollar value of the money or property obtained or used as displayed in the table below, however having prior convictions increases the level of offense.
|
Sec. 174a Offense Type |
Value of Property Obtained |
Maximum Imprisonment 1st Offense |
Maximum Fine 1st Offense (Greater of amount below or 3 times the property value) |
||
|
Current |
HB 4885 |
Current |
HB 4885 |
||
|
(2) Misdemeanor |
Less than $200 |
93 days |
1 year |
$500 |
$1,000 |
|
(3) Misdemeanor |
$200 - $1,000 |
1 year |
1 year |
$2,000 |
$4,000 |
|
(4) Felony |
$1,000 - $20,000 |
5 years |
10 years |
$10,000 |
$20,000 |
|
(5) Felony |
$20,000 - $50,000 |
10 years |
15 years |
$15,000 |
$30,000 |
|
(6) Felony |
$50,000 - $100,000 |
15 years |
20 years |
$15,000 |
$30,000 |
|
(7) Felony |
More than $100,000 |
20 years |
25 years |
$50,000 |
$100,000 |
House Bill 4886 would amend the sentencing guidelines in the Code of Criminal Procedure to reclassify the felony offenses and reflect proposed changes in their statutory maximums. The bill is tie-barred to House Bill 4885 meaning it could not take effect unless House Bill 4885 is enacted.
MCL 750.174a, 777.16i
FISCAL IMPACT:
HB 4885 would have an indeterminate fiscal impact on the state’s correctional system and on local court systems. An increase in felony conviction penalties would result in increased costs related to state prisons and state probation supervision. In fiscal year 2016, the average cost of prison incarceration in a state facility was roughly $36,000 per prisoner, a figure that includes various fixed administrative and operational costs. State costs for parole and felony probation supervision averaged about $3,500 per supervised offender in the same year. An increase in misdemeanor conviction penalties would increase costs related to county jails and/or local misdemeanor probation supervision. The costs of local incarceration in a county jail and local misdemeanor probation supervision vary by jurisdiction. Any increase in penal fine revenues would increase funding for local libraries, which are the constitutionally designated recipients of those revenues. The fiscal impact on the judiciary and local court systems would depend on how provisions of the bill affected court caseloads and related administrative costs.
HB 4886 amends sentencing guidelines and does not have a direct fiscal impact on the state or on local units of government.
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.