HOUSE BILL No. 4482 March 12, 1997, Introduced by Rep. Gubow and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 368 (MCL 750.368) and by adding sections 217b, 478a, and 478b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 217B. (1) A PERSON SHALL NOT IMPERSONATE, REPRESENT 2 HIMSELF OR HERSELF AS, OR FALSELY ACT AS A PUBLIC OFFICIAL OR 3 EMPLOYEE AND PREPARE, ISSUE, SERVE, EXECUTE, OR OTHERWISE ACT TO 4 FURTHER THE OPERATION OF ANY LEGAL PROCESS OR UNAUTHORIZED PRO- 5 CESS THAT AFFECTS OR PURPORTS TO AFFECT PERSONS OR PROPERTY. 6 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS- 7 DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A 8 FINE OF NOT MORE THAN $500.00, OR BOTH. 00828'97 JOJ 2 1 (3) THIS SECTION DOES NOT PROHIBIT A PERSON FROM BEING 2 CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION 3 OF LAW THAT INDIVIDUAL COMMITS WHILE VIOLATING THIS SECTION. 4 (4) AS USED IN THIS SECTION: 5 (A) "LEGAL PROCESS" MEANS A SUMMONS, COMPLAINT, PLEADING, 6 WRIT, WARRANT, INJUNCTION, NOTICE, SUBPOENA, LIEN, ORDER, OR 7 OTHER DOCUMENT ISSUED OR ENTERED BY OR ON BEHALF OF A COURT OR 8 LAWFUL TRIBUNAL OR FILED WITH OR RECORDED BY A GOVERNMENTAL 9 AGENCY THAT IS USED AS A MEANS OF EXERCISING OR ACQUIRING JURIS- 10 DICTION OVER A PERSON OR PROPERTY, TO ASSERT OR GIVE NOTICE OF A 11 LEGAL CLAIM AGAINST A PERSON OR PROPERTY, OR TO DIRECT PERSONS TO 12 TAKE OR REFRAIN FROM AN ACTION. 13 (B) "UNAUTHORIZED PROCESS" MEANS EITHER OF THE FOLLOWING: 14 (i) A DOCUMENT SIMULATING LEGAL PROCESS THAT IS PREPARED OR 15 ISSUED BY OR ON BEHALF OF AN ENTITY THAT PURPORTS OR REPRESENTS 16 ITSELF TO BE A COURT, TRIBUNAL, PUBLIC OFFICIAL, OR OTHER AGENCY 17 BUT THAT IS NOT AN ENTITY AUTHORIZED BY LAW. 18 (ii) A DOCUMENT THAT WOULD OTHERWISE BE LEGAL PROCESS EXCEPT 19 THAT IT WAS NOT ISSUED OR ENTERED BY OR ON BEHALF OF A COURT OR 20 LAWFUL TRIBUNAL OR FILED WITH OR RECORDED BY A GOVERNMENTAL 21 AGENCY AS REQUIRED BY LAW. 22 Sec. 368. (1)Notice or demand of payment simulating legal23process--AnyA person orhisagentwhoOF A PERSON shall NOT 24 BY PERSONAL SERVICE, MAIL, OR OTHERWISE serve or cause to be 25 served uponanyA debtor a notice or demand of payment of money 26 on behalf ofanyA creditor, by personal service or by mail27or otherwise, such noticeTHAT IS notbeingauthorized by 00828'97 3 1anyA statute or court of this state,andwhich notice on2demand of payment shall,THAT SIMULATES in form and substance,3simulate anylegal process issued out ofany of the courtsA 4 COURT of this state., shall be5 (2) A PERSON SHALL NOT OBTAIN, PREPARE, ISSUE, SERVE, EXE- 6 CUTE, OR OTHERWISE ACT TO FURTHER THE OPERATION OF ANY LEGAL PRO- 7 CESS KNOWING OR HAVING REASON TO KNOW THAT THE CONTENTS OF ANY 8 DOCUMENT IN THAT LEGAL PROCESS, THE BASIS OF AN ACTION TO WHICH 9 THE PROCESS RELATES, OR ANY PROCEEDING UPON WHICH THE PROCESS IS 10 BASED IS FRAUDULENT. 11 (3) A PERSON SHALL NOT PREPARE, ISSUE, SERVE, EXECUTE, OR 12 OTHERWISE ACT TO FURTHER THE OPERATION OF ANY UNAUTHORIZED 13 PROCESS. 14 (4) A PERSON WHO VIOLATES THIS SECTION IS guilty of a misde- 15 meanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A 16 FINE OF NOT MORE THAN $100.00, OR BOTH. 17 (5) THIS SECTION DOES NOT PROHIBIT A PERSON FROM BEING 18 CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION 19 OF LAW THAT INDIVIDUAL COMMITS WHILE VIOLATING THIS SECTION. 20 (6) AS USED IN THIS SECTION: 21 (A) "LEGAL PROCESS" MEANS A SUMMONS, COMPLAINT, PLEADING, 22 WRIT, WARRANT, INJUNCTION, NOTICE, SUBPOENA, LIEN, ORDER, OR 23 OTHER DOCUMENT ISSUED OR ENTERED BY OR ON BEHALF OF A COURT OR 24 LAWFUL TRIBUNAL OR FILED WITH OR RECORDED BY A GOVERNMENTAL 25 AGENCY THAT IS USED AS A MEANS OF EXERCISING OR ACQUIRING JURIS- 26 DICTION OVER A PERSON OR PROPERTY, TO ASSERT OR GIVE NOTICE OF A 00828'97 4 1 LEGAL CLAIM AGAINST A PERSON OR PROPERTY, OR TO DIRECT PERSONS TO 2 TAKE OR REFRAIN FROM AN ACTION. 3 (B) "UNAUTHORIZED PROCESS" MEANS EITHER OF THE FOLLOWING: 4 (i) A DOCUMENT SIMULATING LEGAL PROCESS THAT IS PREPARED OR 5 ISSUED BY OR ON BEHALF OF AN ENTITY THAT PURPORTS OR REPRESENTS 6 ITSELF TO BE A COURT, TRIBUNAL, PUBLIC OFFICIAL, OR OTHER AGENCY 7 BUT THAT IS NOT AN ENTITY AUTHORIZED BY LAW. 8 (ii) A DOCUMENT THAT WOULD OTHERWISE BE LEGAL PROCESS EXCEPT 9 THAT IT WAS NOT ISSUED OR ENTERED BY OR ON BEHALF OF A COURT OR 10 LAWFUL TRIBUNAL OR FILED WITH OR RECORDED BY A GOVERNMENTAL 11 AGENCY AS REQUIRED BY LAW. 12 SEC. 478A. (1) A PERSON SHALL NOT ATTEMPT TO INTIMIDATE, 13 HINDER, OR OBSTRUCT A PUBLIC OFFICIAL OR EMPLOYEE OR A PEACE 14 OFFICER IN THE DISCHARGE OF HIS OR HER OFFICIAL DUTIES BY A USE 15 OF UNAUTHORIZED PROCESS. 16 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS- 17 DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR 18 A FINE OF NOT MORE THAN $1,000.00, OR BOTH. 19 (3) THIS SECTION DOES NOT PROHIBIT A PERSON FROM BEING 20 CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION 21 OF LAW THAT INDIVIDUAL COMMITS WHILE VIOLATING THIS SECTION. 22 (4) AS USED IN THIS SECTION: 23 (A) "LEGAL PROCESS" MEANS A SUMMONS, COMPLAINT, PLEADING, 24 WRIT, WARRANT, INJUNCTION, NOTICE, SUBPOENA, LIEN, ORDER, OR 25 OTHER DOCUMENT ISSUED OR ENTERED BY OR ON BEHALF OF A COURT OR 26 LAWFUL TRIBUNAL OR FILED WITH OR RECORDED BY A GOVERNMENTAL 27 AGENCY THAT IS USED AS A MEANS OF EXERCISING OR ACQUIRING 00828'97 5 1 JURISDICTION OVER A PERSON OR PROPERTY, TO ASSERT OR GIVE NOTICE 2 OF A LEGAL CLAIM AGAINST A PERSON OR PROPERTY, OR TO DIRECT PER- 3 SONS TO TAKE OR REFRAIN FROM AN ACTION. 4 (B) "UNAUTHORIZED PROCESS" MEANS EITHER OF THE FOLLOWING: 5 (i) A DOCUMENT SIMULATING LEGAL PROCESS THAT IS PREPARED OR 6 ISSUED BY OR ON BEHALF OF AN ENTITY THAT PURPORTS OR REPRESENTS 7 ITSELF TO BE A COURT, TRIBUNAL, PUBLIC OFFICIAL, OR OTHER AGENCY 8 BUT THAT IS NOT AN ENTITY AUTHORIZED BY LAW. 9 (ii) A DOCUMENT THAT WOULD OTHERWISE BE LEGAL PROCESS EXCEPT 10 THAT IT WAS NOT ISSUED OR ENTERED BY OR ON BEHALF OF A COURT OR 11 LAWFUL TRIBUNAL OR FILED WITH OR RECORDED BY A GOVERNMENTAL 12 AGENCY AS REQUIRED BY LAW. 13 SEC. 478B. (1) A PERSON SHALL NOT ESTABLISH OR SERVE AS AN 14 OFFICIAL OF A COURT OR TRIBUNAL THAT IS INTENDED TO AFFECT THE 15 LEGAL RIGHTS OF PERSONS. 16 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A 17 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A 18 FINE OF NOT MORE THAN $2,000.00, OR BOTH. 19 (3) THIS SECTION DOES NOT PROHIBIT A PERSON FROM BEING 20 CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION 21 OF LAW THAT INDIVIDUAL COMMITS WHILE VIOLATING THIS SECTION. 22 (4) SUBSECTION (1) DOES NOT APPLY TO A COURT OR TRIBUNAL 23 ESTABLISHED BY STATUTE, THE STATE CONSTITUTION OF 1963, OR THE 24 CONSTITUTION OF THE UNITED STATES. 00828'97 Final page. JOJ