HOUSE BILL No. 5536 February 4, 1998, Introduced by Reps. Brater, Baird, Schauer, Schroer, Cherry, Kaza, Dalman, Scott, Parks and Richner and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 356e. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 356E. (1) A PERSON SHALL NOT REMOVE, DAMAGE, OR 2 DESTROY 5 OR MORE COPIES OF A PERIODICAL FROM ANY LOCATION OR 3 COMBINATION OF LOCATIONS AT WHICH THEY ARE OFFERED FREE OF CHARGE 4 BY ANOTHER PERSON FOR REVIEW BY MEMBERS OF THE PUBLIC WITH THE 5 INTENT TO DEPRIVE ANY OTHER MEMBER OF THE PUBLIC THE OPPORTUNITY 6 TO REVIEW ANY INFORMATION CONTAINED IN THAT PERIODICAL. 7 (2) SUBSECTION (1) DOES NOT PROHIBIT A PROPERTY OWNER OR HIS 8 OR HER AGENT FROM REMOVING, DAMAGING, OR DESTROYING COPIES OF A 9 PERIODICAL THAT WERE PLACED ON THAT PROPERTY WITHOUT THE CONSENT 10 OF THE OWNER OR HIS OR HER AGENT OR FROM REMOVING, DAMAGING, OR 11 DESTROYING COPIES OF A PERIODICAL FROM THAT PROPERTY AFTER THE 04101'97 ** TVD 2 1 OWNER OR HIS OR HER AGENT HAS INSTRUCTED THE OWNER OF THE COPIES 2 OR HIS OR HER AGENT TO REMOVE THEM FROM THAT PROPERTY. 3 (3) IT IS A REBUTTABLE PRESUMPTION IN A CRIMINAL PROSECUTION 4 FOR A VIOLATION OF THIS SECTION THAT IF THE INDIVIDUAL REMOVED, 5 DAMAGED, OR DESTROYED MORE THAN 100 COPIES OF A PERIODICAL THAT 6 HE OR SHE DID SO WITH THE INTENT TO DEPRIVE OTHER MEMBERS OF THE 7 PUBLIC THE OPPORTUNITY TO REVIEW INFORMATION CONTAINED IN THAT 8 PERIODICAL. 9 (4) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDE- 10 MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A 11 FINE OF NOT MORE THAN $100.00, OR BOTH. 04101'97 ** Final page. TVD