HB-5534, As Passed Senate, December 10, 2008

SENATE 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, 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. 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, 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.