HOUSE BILL No. 5513


     March 16, 2000, Introduced by Reps. Stallworth, Scranton, Kelly, LaForge, Frank, Pestka, Rick Johnson, Daniels, Jellema,
Mead, Pumford, Kilpatrick, Byl, Cherry, Tesanovich and Price and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 266 (MCL 750.266).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 266.  (1)  Forgery and selling, etc., of forged rail-

 2
      road passenger tickets--Any  A person  who  shall 
   falsely  NOT

 3
      DO EITHER OF THE FOLLOWING, WITH INTENT TO INJURE OR DEFRAUD

 4
      ANOTHER PERSON:

 5
           (A) FALSELY make, forge, or counterfeit  any  A railroad

 6
      passenger ticket  ,  purporting to be made or issued by  any
    A

 7
      railroad company or companies doing business within or  without 

 8
      OUTSIDE OF this state  , with intent to injure or defraud,  or

 9
       who shall with like intent,  alter any railroad passenger ticket

10
      made or issued by  any  such railroad company or companies.  ,

11
      shall be guilty of a felony. 


   04060'99                                                 DRM
                                              2

 1
           (B) FALSELY MAKE, FORGE, OR COUNTERFEIT A BUS PASSENGER

 2
      TICKET PURPORTING TO BE MADE OR ISSUED BY A LOCAL UNIT OF GOVERN-

 3
      MENT OR A LOCAL MUNICIPAL AUTHORITY IN THIS STATE OR ALTER A BUS

 4
      PASSENGER TICKET.

 5
           (2) Any change  of any such  MADE TO A RAILROAD PASSENGER

 6
      TICKET OR BUS PASSENGER ticket,  made or issued by any railroad

 7
      company or companies,  if made with intent to injure or defraud,

 8
      whether made by writing, printing, stamping, punching, oblitera-

 9
      tion, or otherwise,  shall be deemed  IS CONSIDERED an alteration

10
      within the meaning of  this section  SUBSECTION (1).

11
           (3)  Any  A person  who  shall NOT sell,  or
    offer to sell,

12
      or  who shall  have in his OR HER possession with intent to sell

13
       , any such  A false, forged, altered, or counterfeit railroad

14
      passenger ticket OR BUS PASSENGER TICKET knowing the  same 

15
      TICKET to be false, forged, altered, or counterfeit.  , shall be

16
      guilty of a felony. 

17
           (4) A PERSON WHO VIOLATES SUBSECTION (1) OR (3) IS GUILTY OF

18
      A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR

19
      A FINE OF NOT MORE THAN $2,000.00, OR BOTH.

20
           (5)  The words "railroad  AS USED IN THIS SECTION:

21
           (A) "BUS" MEANS THAT TERM AS DEFINED IN SECTION 4B OF THE

22
      MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.4B.

23
           (B) "BUS PASSENGER TICKET" MEANS ANY TICKET, CARD, PASS,

24
      CERTIFICATE, OR PAPER, WHETHER FULLY PREPARED FOR USE, NOT FULLY

25
      PREPARED FOR USE, OR PREVIOUSLY USED, THAT PROVIDES OR IS

26
      INTENDED TO PROVIDE FOR THE CARRIAGE OR TRANSPORTATION OF A

27
      PERSON OR PERSONS UPON A BUS.



   04060'99
                                   3

 1
           (C) "RAILROAD passenger ticket"  or tickets", as used in

 2
      this section, shall be construed to embrace  MEANS any ticket,

 3
      card, pass, certificate, or paper providing  ,  or intended to

 4
      provide for the carriage or transportation of  any  A person or

 5
      persons upon  any  A railroad,  and shall include not only tick-

 6
      ets of any railroad company  WHETHER THE TICKET IS fully prepared

 7
      for use  , but those not fully prepared for use, and all others

 8
      which have  OR NOT OR HAS been  once  PREVIOUSLY used.

 9
           (6) At the trial of  any  A case arising under this section

10
      REGARDING A RAILROAD PASSENGER TICKET, it  shall be  IS suffi-

11
      cient prima facie proof of the existence of any railroad company

12
      named in the information or indictment to show that  such  THE

13
      company was doing business as a railroad company at the time

14
      named in the information or indictment.





























   04060'99          Final page.                            DRM