HB-5534, As Passed House, June 26, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5534

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

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

248 as amended by 1991 PA 145.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 248. (1) Any A person who shall falsely make, alter,

forge, or counterfeit any makes, alters, forges, or counterfeits a

public record, or any a certificate, return, or attestation of any

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

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

matter wherein such in which the certificate, return, or

attestation may be received as legal proof, or any a charter, deed,

will, testament, bond, writing obligatory, letter of attorney,

policy of insurance, bill of lading, bill of exchange, promissory

note, or any an order, acquittance of discharge for money or other

property, or any a waiver, release, claim or demand, or any 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

any an accountable receipt for money, goods, or other property ,

with intent to injure or defraud any another person , shall be 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) (2) The venue in a prosecution under this section may be

either in the county in which the forgery was performed; , or in a

county in which any 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, it is determined that

the person made, altered, forged, or counterfeited a deed,

discharge of mortgage, or other real estate document, the 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 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) Uttering and publishing forged instruments--Any

A person who shall utter and publish utters and publishes as true ,

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

instrument, or other writing mentioned in the preceding section,

listed in section 248 knowing the same it to be false, altered,

forged, or counterfeit , with intent to injure or defraud as

aforesaid , shall be is guilty of a felony , punishable by

imprisonment in the state prison 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, it is determined that

the person uttered and published as true a false, forged, altered,

or counterfeit deed, discharge of mortgage, or other real estate

document, the 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 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.