HOUSE BILL NO. 5159

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 72, 73, 74, 75, 76, 77, and 78 (MCL 750.72, 750.73, 750.74, 750.75, 750.76, 750.77, and 750.78), sections 72 and 73 as amended by 2012 PA 531, sections 74, 75, and 76 as amended by 2012 PA 532, section 77 as amended by 2012 PA 533, and section 78 as amended by 2014 PA 111.

the people of the state of michigan enact:

Sec. 72. (1) A person who willfully, or maliciously, or recklessly 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. (1) Except as provided in section 72, a person who willfully, or maliciously, or recklessly 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.

Sec. 74. (1) Except as provided in sections 72 and 73, a person who does any of the following is guilty of third degree arson:

(a) Willfully, or maliciously, or recklessly burns, damages, or destroys by fire or explosive any building or structure, or its contents, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion.

(b) Willfully, and maliciously, or recklessly burns, damages, or destroys by fire or explosive any of the following or its contents:

(i) Any personal property having a value of $20,000.00 or more.

(ii) Any personal property having a value of $1,000.00 or more if the person has 1 or more prior convictions.

(2) Subsection (1) applies regardless of whether the person owns the building, structure, other real property or its contents, or the personal property.

(3) Third degree arson is a felony punishable by imprisonment for not more than 10 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. 75. (1) Except as provided in sections 72, 73, and 74, a person who does any of the following is guilty of fourth degree arson:

(a) Willfully, and maliciously, or recklessly burns, damages, or destroys by fire or explosive any of the following or its contents:

(i) Any personal property having a value of $1,000.00 or more, but less than $20,000.00.

(ii) Any personal property having a value of $200.00 or more if the person has 1 or more prior convictions.

(b) Willfully, or negligently, or recklessly sets fire to a woods, prairie, or grounds of another person or permits fire to pass from his or her the person's own woods, prairie, or grounds to another person's property causing damage or destruction to that other property.

(2) Subsection (1)(a) applies regardless of whether the person owns the personal property.

(3) Fourth degree arson is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

Sec. 76. (1) A person who willfully, or maliciously, or recklessly burns, damages, or destroys by fire or explosive any of the following or the contents of any of the following is guilty of arson of insured property:

(a) Any dwelling that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.

(b) Except as provided in subdivision (a), any building, structure, or other real property that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.

(c) Any personal property that is insured against loss by fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.

(2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, other real property, or personal property.

(3) Arson of insured property is a felony punishable as follows:

(a) If the person violates subsection (1)(a), 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.

(b) If the person violates subsection (1)(b), 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.

(c) If the person violates subsection (1)(c), imprisonment for not more than 10 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. 77. (1) Except as provided in sections 72 to 76, a person who intentionally or recklessly damages or destroys by fire or explosive any personal property having a value of $1,000.00 or less and who has 1 or more prior convictions is guilty of fifth degree arson.

(2) Subsection (1) applies regardless of whether the person owns the personal property.

(3) Fifth degree arson is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

(4) As used in this section:

(a) "Personal property" includes an automobile, van, truck, motorcycle, trailer, and other personally owned property.

(b) "Prior conviction" means a prior conviction for a violation of this chapter that arises out of a separate transaction from the violation of this section.

Sec. 78. (1) Except as provided in sections 72 to 77, a person shall not do any of the following:

(a) Willfully, and maliciously, or recklessly burn, damage, or destroy by fire or explosive any of the following or its contents:

(i) Any personal property having a value of $200.00 or more but less than $1,000.00.

(ii) Any personal property having a value of less than $200.00, if the person has 1 or more prior convictions.

(iii) Any personal property having a value of less than $200.00.

(b) Negligently, carelessly, or recklessly set fire to a hotel or motel or its contents, and, by setting that fire, endanger the life or property of another person.

(2) Subsection (1) applies regardless of whether the person owns the building, structure, hotel, motel, or its contents, or the personal property.

(3) A violation of this section is a misdemeanor punishable as follows:

(a) If the person violates subsection (1)(a)(i) or (ii), imprisonment for not more than 1 year and a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

(b) If the person violates subsection (1)(a)(iii) or (b), imprisonment for not more than 93 days and a fine of not more than $500.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.