HOUSE BILL No. 6233


     July 2, 2002, Introduced by Reps. Kowall, Patterson, Raczkowski, Koetje, Faunce, Stewart and Richner and referred to the
Committee on Civil Law and the Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 410b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 410B.  (1) A PERSON SHALL NOT GIVE MONEY OR ANYTHING OF

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        VALUE TO A PERSON WHO IS A PARTY TO LITIGATION IF ALL OF THE FOL-

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        LOWING APPLY:

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             (A) THE PERSON WHO IS A PARTY TO LITIGATION HAS AN ABSOLUTE

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        OR CONTINGENT OBLIGATION TO REPAY THE MONEY OR A CHARGE FOR, OR

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        PRICE OR COST OF, THE THING OF VALUE FROM ANY RECOVERY FROM THE

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        LITIGATION.

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             (B) THE OBLIGATION UNDER SUBDIVISION (A) EXCEEDS THE AMOUNT

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        ORIGINALLY GIVEN BY A PERCENTAGE IN EXCESS OF THAT ALLOWED UNDER

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        SECTION 1 OF 1966 PA 326, MCL 438.31, FOR LOANS OF MONEY.




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             (2) THIS SECTION DOES NOT PROHIBIT THE ADVANCEMENT OF MONEY

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        AS PERMITTED BY RULES PRESCRIBED BY THE SUPREME COURT.

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             (3) ALL OF THE FOLLOWING APPLY TO A PERSON WHO VIOLATES SUB-

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        SECTION (1):

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             (A) THE PERSON IS GUILTY OF CHAMPERTY, AND IS NOT ENTITLED

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        TO THE MONEY OR CHARGE FOR, OR PRICE OR COST OF, THE THING OF

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        VALUE GIVEN UNDER SUBSECTION (1), OR INTEREST ON THAT SUM.

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             (B) THE PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY

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        IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

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        $1,000.00, OR BOTH.




































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