SENATE BILL No. 992

February 10, 2000, Introduced by Senators GOSCHKA, YOUNG, DINGELL, NORTH,

MILLER, KOIVISTO, BENNETT, MURPHY, JOHNSON, DE BEAUSSAERT and

STEIL and referred to the Committee on Technology and Energy.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 540e (MCL 750.540e), as amended by 1988 PA

395.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 540e. (1) Any A person is guilty of a misdemeanor

2 who maliciously uses any service provided by a communications

3 common carrier with intent to terrorize, frighten, intimidate,

4 threaten, harass, molest, or annoy any other person, or to dis-

5 turb the peace and quiet of any other person by any of the

6 following:

7 (a) Threatening physical harm or damage to any person or

8 property in the course of a telephone conversation.

9 (b) Falsely and deliberately reporting by telephone or

10 telegraph message that any person has been injured, has suddenly

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1 taken ill, has suffered death, or has been the victim of a crime,

2 or of an accident.

3 (c) Deliberately refusing or failing to disengage a connec-

4 tion between a telephone and another telephone or between a tele-

5 phone and other equipment provided for the transmission of mes-

6 sages by telephone, thereby interfering with any communications

7 service.

8 (d) Using any vulgar, indecent, obscene, or offensive lan-

9 guage or suggesting any lewd or lascivious act in the course of a

10 telephone conversation.

11 (e) Repeatedly initiating a telephone call and, without

12 speaking, deliberately hanging up or breaking the telephone con-

13 nection as or after the telephone call is answered.

14 (f) Making an unsolicited commercial telephone call

15 REQUESTING A CONTRIBUTION which is received between the hours of

16 9 p.m. and 9 a.m. For the purpose of this subdivision, "an unso-

17 licited commercial telephone call" means a call made by a

18 person or recording device SOLICITING CONTRIBUTIONS, on behalf

19 of a person , OR A NOT-FOR-PROFIT corporation , or other

20 entity. , soliciting business or contributions.

21 (G) MAKING A TELEPHONE SOLICITATION CALL IN VIOLATION OF

22 SECTION 8 OF 1971 PA 227, MCL 445.118.

23 (H) (g) Deliberately calling a telephone of another person

24 in a repetitive manner which causes interruption in telephone

25 service or prevents the person from utilizing his or her tele-

26 phone service.

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1 (2) Any A person violating this section may be imprisoned

2 for not more than 6 months, or fined not more than $500.00, or

3 both. An offense is committed under this section if the communi-

4 cation either originates or terminates or both originates and

5 terminates in this state and may be prosecuted at the place of

6 origination or termination.

7 Enacting section 1. This amendatory act does not take

8 effect unless Senate Bill No. 990

9 of the 90th Legislature is enacted into

10 law.

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