Crimes: embezzlement; embezzlement from vulnerable adults and the estates of vulnerable adults; provide penalties and steps for property recovery. Amends sec. 174a of 1931 PA 328 (MCL 750.174a).
What changed between versions
New criminal penalties were added with six tiers based on the value of money or property obtained, ranging from misdemeanors for amounts under $200 to felonies punishable by up to 20 years imprisonment for amounts over $100,000 or repeat offenders.
Financial institutions and their employees are exempt from prosecution when performing duties in the normal course of business.
Prosecutors must now list prior convictions on complaints and information, and courts must determine the existence of prior convictions without a jury at sentencing.
The Office of Services to the Aging must now report violations of this section to the Department of Health and Human Services.
New definitions were added for 'broker' and 'financial institution' to clarify exemptions, and 'vulnerable adult' is defined to include individuals whether or not they have been determined by a court to be incapacitated.
The bill specifies that the amendatory act takes effect 90 days after enactment into law.
