July 14, 2015, Introduced by Rep. Callton and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 1832.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1832. (1) An individual who is in charge of a business
establishment shall grant entry into the establishment, or
otherwise make employees, agents, or invitees of the establishment
available, to a process server when the process server is at the
establishment for the purpose of serving process on a defendant or
witness who is known to be in the establishment.
(2) A gate attendant or other individual who has the authority
to determine who may enter a gated residential community shall
grant entry into the community, including its common areas and
common elements, to a process server to serve process on a
defendant or witness who resides in or is known to be in the
community.
(3) An individual who violates this section by refusing entry
to a process server or who knowingly refuses to assist a process
server by failing or refusing to make an employee available for
service of process during the employee's work hours is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.
(4) As used in this section:
(a) "Business establishment" means real property being used
for a commercial or industrial purpose.
(b) "Gated residential community" includes a condominium
association, housing cooperative, or private community.
(c) "Process server" means a person authorized under this act
or supreme court rule to serve process.