SB-0973, As Passed Senate, September 26, 2018

SUBSTITUTE FOR

SENATE BILL NO. 973

     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 serve in or as 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.

     (iv) A court officer appointed by the chief judge of the court

in which he or she serves.

(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.