December 6, 2007, Introduced by Reps. Tobocman, Alma Smith, Hopgood, Coulouris, Mayes, Meadows, Gonzales, Robert Jones, Scott, Griffin, Bieda and Dean 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), 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.
(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, the
court shall cause an order indicating that the deed is invalid and
a copy of the invalid deed to be recorded in the office of the
register of deeds of any county where the lands or real estate that
is the subject of the invalid deed is located as provided in
section 2935 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2935. 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, the court shall cause both an order indicating
that the deed is invalid and a copy of the invalid deed to be
recorded in the office of the register of deeds of any county where
the lands or real estate that is the subject of the invalid deed is
located as provided in section 2935 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.2935.