Act No. 172
Public Acts of 2019
Approved by the Governor
December 20, 2019
Filed with the Secretary of State
December 20, 2019
EFFECTIVE DATE: March 19, 2020
state of michigan
Regular session of 2019
Introduced by Reps. Wittenberg, Farrington, Berman, Guerra, Marino and LaFave
ENROLLED HOUSE BILL No. 4106
AN ACT to amend 1931 PA 328, entitled An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act, by amending section 248 (MCL 750.248), as amended by 2011 PA 206.
The People of the State of Michigan enact:
Sec. 248. (1) A person who falsely makes, alters, forges, or counterfeits a public record, or a certificate, return, or attestation of a clerk of a court, register of deeds, notary public, township clerk, or any other public officer, in relation to a matter in which the certificate, return, or attestation may be received as legal proof, or a charter, will, testament, bond, writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or an order, acquittance of discharge for money or other property, or a waiver, release, claim or demand, or 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 an accountable receipt for money, goods, or other property with intent to injure or defraud another person is guilty of a felony punishable by imprisonment for not more than 14 years.
(2) This section does not apply to a scriveners error.
(3) This section applies to a person that accomplishes a violation of subsection (1) by altering a record made utilizing distributed ledger technology.
(4) The venue in a prosecution under this section may be in the county in which the forgery was performed; in a county in which a false, forged, altered, or counterfeit record, 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.
(5) As used in this section, distributed ledger
technology means any distributed ledger protocol and supporting
infrastructure, including blockchain, that uses a distributed, decentralized,
shared, and replicated ledger, whether use of the ledger is public or private,
permissioned or permissionless, and that may include the use of electronic
currencies or electronic tokens as a medium of electronic exchange.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate