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.
