Bill Text: MI SB0427 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Crimes; public office and officers; attempt to intimidate, hinder, threaten, or obstruct a public officer, public employee, or peace officer in the discharge of his or her official duties by the use of unauthorized process; modify. Amends sec. 478a of 1931 PA 328 (MCL 750.478a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-08-20 - Referred To Committee On Judiciary And Public Safety [SB0427 Detail]

Download: Michigan-2019-SB0427-Introduced.html

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SENATE BILL No. 427

 

 

August 20, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and    Public Safety.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 478a (MCL 750.478a), as added by 1998 PA 360.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 478a. (1) A person shall not attempt to intimidate,

 

hinder, threaten, or obstruct a public officer or public employee

 

or a peace officer in the discharge of his or her official duties

 

with the intent to interfere with the legal process by a use of

 

unauthorized process.

 

     (2) The prohibition under subsection (1) includes, but is not

 

limited to, all of the following conduct:

 

     (a) Threatening to harm or cause harm to a public officer,

 

public employee, or peace officer, or to a member of a public

 

officer's, public employee's, or peace officer's immediate family.

 

     (b) Using force against, threatening to use force against, or

deceiving a public officer, public employee, or peace officer, or a

 

member of a public officer's, public employee's, or peace officer's

 

immediate family.

 

     (c) Offering, conveying, or agreeing to convey any direct or

 

indirect benefit upon a public officer, public employee, or peace

 

officer, or a member of a public officer's, public employee's, or

 

peace officer's immediate family.

 

     (d) Engaging in conduct reasonably calculated to harass, harm,

 

intimidate, or influence a public officer, public employee, or

 

peace officer, or a member of a public officer's, public

 

employee's, or peace officer's immediate family, including by

 

disseminating or making available by any means, including through

 

social media, personal information about a public officer, public

 

employee, or peace officer, or a member of a public officer's,

 

public employee's, or peace officer's immediate family. However,

 

this subdivision does not preclude the dissemination of publicly

 

available information, so long as that publicly available

 

information is not used in an intimidating, threatening, or harmful

 

manner.

 

     (3) (2) Except as provided in subsection (3), (4), a person

 

who violates subsection (1) is guilty of a misdemeanor punishable

 

by imprisonment for not more than 2 years or a fine of not more

 

than $1,000.00, or both.

 

     (4) (3) A person who violates subsection (1) after 1 or more

 

prior convictions for violating subsection (1) is guilty of a

 

felony punishable by imprisonment for not more than 4 years or a

 

fine of not more than $2,000.00, or both.

     (5) (4) This section does not apply to a lien authorized under

 

a statute of this state.

 

     (6) (5) This section does not prohibit a person from being

 

charged with, convicted of, or sentenced for any other violation of

 

law that individual commits while violating this section.

 

     (7) (6) This section does not prohibit individuals from

 

assembling lawfully or lawful free expression of opinions or

 

designation of group affiliation or association.

 

     (8) (7) As used in this section:

 

     (a) "Immediate family" includes the spouse and any natural or

 

adopted child of a public officer, public employee, or peace

 

officer.

 

     (b) (a) "Lawful tribunal" means a tribunal created,

 

established, authorized, or sanctioned by law or a tribunal of a

 

private organization, association, or entity to the extent that the

 

organization, association, or entity seeks in a lawful manner to

 

affect only the rights or property of persons who are members or

 

associates of that organization, association, or entity.

 

     (c) (b) "Legal process" means a finding, decision, ruling,

 

order, judgment, or decree assigned to a public officer or public

 

employee, or a summons, complaint, pleading, writ, warrant,

 

injunction, notice, subpoena, lien, order, or other document issued

 

or entered by or on behalf of a court or lawful tribunal or

 

lawfully filed with or recorded by a governmental agency that is

 

used as a means of exercising or acquiring jurisdiction over a

 

person or property, to assert or give notice of a legal claim

 

against a person or property, or to direct persons to take or

refrain from an action.

 

     (d) (c) "Public employee" means an employee of this state, an

 

employee of a city, village, township, or county of this state, or

 

an employee of a department, board, agency, institution,

 

commission, authority, division, council, college, university,

 

court, school district, intermediate school district, special

 

district, or other public entity of this state or of a city,

 

village, township, or county in this state, but does not include a

 

person whose employment results from election or appointment.

 

     (e) (d) "Public officer" means a person who is elected or

 

appointed to any of the following:

 

     (i) An office established by the state constitution of 1963.

 

     (ii) A public office of a city, village, township, or county

 

in this state.

 

     (iii) A department, board, agency, institution, commission,

 

court, authority, division, council, college, university, school

 

district, intermediate school district, special district, or other

 

public entity of this state or a city, village, township, or county

 

in this state.

 

     (f) (e) "Unauthorized process" means either of the following:

 

     (i) A document simulating legal process that is prepared or

 

issued by or on behalf of an entity that purports or represents

 

itself to be a lawful tribunal or a court, public officer, or other

 

agency created, established, authorized, or sanctioned by law but

 

that is not a lawful tribunal or a court, public officer, or other

 

agency created, established, authorized, or sanctioned by law.

 

     (ii) A document that would otherwise be legal process except

that it was not issued or entered by or on behalf of a court or

 

lawful tribunal or lawfully filed with or recorded by a

 

governmental agency as required by law. However, this subparagraph

 

does not apply to a document that would otherwise be legal process

 

but for 1 or more technical defects, including, but not limited to,

 

errors involving names, spelling, addresses, or time of issue or

 

filing or other defects that do not relate to the substance of the

 

claim or action underlying the document.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.