Bill Text: MI HB6520 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Crimes; forgery; crimes of forgery or uttering and publishing of a real estate document; provide specific sentences for. Amends secs. 248 & 249 of 1931 PA 328 (MCL 750.248 & 750.249) & adds secs. 248b & 249b.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2010-11-10 - Referred To Second Reading [HB6520 Detail]

Download: Michigan-2009-HB6520-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6520

 

September 29, 2010, Introduced by Reps. Warren, Tlaib, Rick Jones, Geiss, Smith and Nathan and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 248 and 249 (MCL 750.248 and 750.249), as

 

amended by 2008 PA 378, and by adding sections 248b and 249b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 248. (1) A person who falsely makes, alters, forges, or

 

counterfeits a public record, or a certificate, return, or

 

attestation of a clerk of a court, register of deeds, notary

 

public, township clerk, or any other public officer, in relation to

 

a matter in which the certificate, return, or attestation may be

 

received as legal proof, or a charter, deed, will, testament, bond,

 

writing obligatory, letter of attorney, policy of insurance, bill

 

of lading, bill of exchange, promissory note, or an order,

 

acquittance of discharge for money or other property, or a waiver,


 

release, claim or demand, or an acceptance of a bill of exchange,

 

or indorsement, or assignment of a bill of exchange or promissory

 

note for the payment of money, or an accountable receipt for money,

 

goods, or other property with intent to injure or defraud another

 

person is guilty of a felony punishable by imprisonment for not

 

more than 14 years.

 

     (2) This section does not apply to a scrivener's error.

 

     (3) The venue in a prosecution under this section may be in

 

the county in which the forgery was performed; in a county in which

 

a false, forged, altered, or counterfeit record, deed, instrument,

 

or other writing is uttered and published with intent to injure or

 

defraud; or in the county in which the rightful property owner

 

resides.

 

     (4) If in the proceedings resulting in a conviction under this

 

section, or for any lesser included offense, the circuit court

 

finds that the person made, altered, forged, or counterfeited a

 

deed, discharge of mortgage, or other real estate document, the

 

circuit court shall enter an order indicating that the document is

 

invalid and requiring a copy of the invalid document and a

 

certified copy of the order to be recorded in the office of the

 

register of deeds of any county where the subject property is

 

located, as provided in section 2935 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.2935. If the invalid document has

 

previously been recorded, the prosecutor shall provide the circuit

 

court with the liber and page number or unique identifying

 

reference number of the invalid document, which shall be included

 

in the order. The register of deeds shall make reference to the


 

liber and page number or unique identifying reference number of the

 

invalid document in the index of the recorded documents. Any

 

recording fees incurred under this subsection shall be paid as

 

ordered by the court.

 

     Sec. 248b. (1) A person who falsely makes, alters, forges, or

 

counterfeits a deed, a discharge of mortgage, or a power or letter

 

of attorney or other document that affects an interest in real

 

property with intent to injure or defraud another person is guilty

 

of a felony punishable by imprisonment for not more than 14 years.

 

     (2) This section does not apply to a scrivener's error.

 

     (3) The venue in a prosecution under this section may be in

 

the county in which the forgery was performed; in a county in which

 

the false, altered, forged, or counterfeit document is uttered and

 

published with intent to injure or defraud; or in the county in

 

which the rightful property owner resides.

 

     (4) In proceedings that result in a conviction under this

 

section or for any lesser included offense, the circuit court shall

 

enter an order stating that the false, altered, forged, or

 

counterfeit document is invalid and requiring that a copy of the

 

invalid document and a certified copy of the order be recorded in

 

the office of the register of deeds of the county where the subject

 

property or part of the property is located, as provided in section

 

2935 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.2935. If the invalid document has previously been recorded, the

 

prosecutor shall provide the circuit court with the liber and page

 

number or unique identifying reference number of the invalid

 

document, which shall be included in the order. The register of


 

deeds shall make reference to the liber and page number or unique

 

identifying reference number of the invalid document in the index

 

of the recorded documents. Any recording fees incurred under this

 

subsection shall be paid as ordered by the court.

 

     Sec. 249. (1) A person who utters and publishes as true a

 

false, forged, altered, or counterfeit record, deed, instrument, or

 

other writing listed in section 248 knowing it to be false,

 

altered, forged, or counterfeit with intent to injure or defraud is

 

guilty of a felony punishable by imprisonment for not more than 14

 

years.

 

     (2) This section does not apply to a scrivener's error.

 

     (3) If in the proceedings resulting in a conviction under this

 

section, or for any lesser included offense, the circuit court

 

finds that the person uttered and published as true a false,

 

forged, altered, or counterfeit deed, discharge of mortgage, or

 

other real estate document, the circuit court shall enter an order

 

indicating that the document is invalid and requiring a copy of the

 

invalid document and a certified copy of the order to be recorded

 

in the office of the register of deeds of any county where the

 

subject property is located, as provided in section 2935 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.2935. If the

 

invalid document has previously been recorded, the prosecutor shall

 

provide the circuit court with the liber and page number or unique

 

identifying reference number of the invalid document, which shall

 

be included in the order. The register of deeds shall make

 

reference to the liber and page number or unique identifying

 

reference number of the invalid document in the index of the


 

recorded documents. Any recording fees incurred under this

 

subsection shall be paid as ordered by the court.

 

     Sec. 249b. (1) A person who utters and publishes as true a

 

false, forged, altered, or counterfeit deed or other document

 

listed in section 248b knowing it to be false, forged, altered, or

 

counterfeit with intent to injure or defraud is guilty of a felony

 

punishable by imprisonment for not more than 14 years.

 

     (2) This section does not apply to a scrivener's error.

 

     (3) In proceedings that result in a conviction under this

 

section or for any lesser included offense, the circuit court shall

 

enter an order stating that the false, forged, altered, or

 

counterfeit document is invalid and requiring that a copy of the

 

invalid document and a certified copy of the order be recorded in

 

the office of the register of deeds of the county where the subject

 

property or part of the property is located, as provided in section

 

2935 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.2935. If the invalid document has previously been recorded, the

 

prosecutor shall provide the circuit court with the liber and page

 

number or unique identifying reference number of the invalid

 

document, which shall be included in the order. The register of

 

deeds shall make reference to the liber and page number or unique

 

identifying reference number of the invalid document in the index

 

of the recorded documents. Any recording fees incurred under this

 

subsection shall be paid as ordered by the court.

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