DIVORCE ACTION SOLICITATION                                                                     S.B. 351:

                                                                                  SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 351 (as introduced 5-21-15)

Sponsor:  Senator Rick Jones

Committee:  Judiciary

 

Date Completed:  5-22-15

 


CONTENT

 

The bill would amend the Revised Judicature Act to prohibit a person from intentionally contacting an individual whom the person knew to be a party to a divorce action filed with a court, or an immediate family member of that individual, with a direct solicitation to provide a legal service until the expiration of 21 days after the date the summons was issued.

 

A knowing violation of the bill would be a misdemeanor punishable by a maximum fine of $1,000 for a first offense. A second or subsequent violation would be a misdemeanor punishable by up to one year's imprisonment and/or a maximum fine of $5,000.

 

The bill would take effect 90 days after it was enacted.

 

Proposed MCL 600.914                                             Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill could result in an increase in the number of misdemeanor violations as individuals were prosecuted for direct solicitation to provide a legal service before the expiration of 21 days after a summons was issued with the court in a divorce action. The possible increase in misdemeanors could increase the requirements on local court systems and jails. Any associated fine revenue would be provided to public libraries.

 

                                                                                      Fiscal Analyst:  John Maxwell

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.