HB-4771, As Passed Senate, December 12, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4771

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 410b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 410b. (1) A person shall not intentionally contact any

individual that the person knows has sustained a personal injury as

a direct result of a motor vehicle accident, or an immediate family

member of that individual, with a direct solicitation to provide a

service until the expiration of 30 days after the date of that

motor vehicle accident. This subsection does not apply if either of

the following circumstances exists:

     (a) The individual or his or her immediate family member has

requested the contact from that person.

     (b) The person is an employee or agent of an insurance company

and the person is contacting the individual or his or her family

member on behalf of that insurance company to adjust a claim. This

subdivision does not apply to a referral of the individual or his

or her immediate family member to an attorney or to any other

person for representation by an attorney.

     (2) As used in this section:

     (a) "Direct solicitation to provide a service" means a verbal

or written solicitation or offer, including by electronic means,

made to the injured individual or a family member seeking to

provide a service for a fee or other remuneration that is based

upon the knowledge or belief that the individual has sustained a

personal injury as a direct result of a motor vehicle accident and

that is directed toward that individual or a family member.

     (b) "Immediate family member" means the individual's spouse,

parent, child, or sibling.

     (c) "Personal injury" means any physical or mental injury,

including wrongful death.

     (3) A person who violates this section is guilty of a

misdemeanor punishable as follows:

     (a) Except as provided in subsection (b), by a fine of not

more than $30,000.00.

     (b) For a second or subsequent violation of this section, by

imprisonment for not more than 1 year or a fine of not more than

$60,000.00, or both.

     (4) The court may order an individual convicted of violating

this section to pay the costs of prosecution as provided in the

code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.

     Enacting section 1. This amendatory act takes effect January

1, 2014.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4770 of the 97th Legislature is enacted into

law.