December 1, 2015, Introduced by Reps. McCready, Graves, Glardon, Sheppard, Bizon, Kesto, Victory, Kelly, Canfield and LaFontaine and referred to the Committee on Criminal Justice.
A bill to prohibit aggressive solicitation; and to provide for
remedies and penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"aggressive solicitation prohibition act".
Sec. 3. As used in this act:
(a) "Bank" means a state or nationally chartered bank or a
state or federally chartered savings and loan association, savings
bank, or credit union.
(b) "Public area" means an area that the public or a
substantial group of persons has access to and includes, but is not
limited to, alleys, bridges, buildings, driveways, parking lots,
parks, playgrounds, plazas, sidewalks and streets open to the
general public, and doorways and entrances to buildings and
dwellings.
(c) "Solicit" means using any means of communication,
including, but not limited to, spoken, written, or printed word, to
request a donation or exchange of money or any other thing of value
regardless of the purpose or intended use of the money or other
thing of value.
Sec. 5. A person shall not solicit another person under any of
the following circumstances:
(a) Within 15 feet of any entrance or exit to a bank if the
person soliciting does not have the permission of the bank to be on
the bank property.
(b) Within 15 feet of any automated teller machine if the
person soliciting does not have the permission of the owner of the
automated teller machine to be there.
(c) In a public area, by doing any of the following:
(i) Intentionally, knowingly, or recklessly making physical
contact with or touching another person without that person's
consent.
(ii) Approaching or following a person in a manner that is
intended or is likely to cause a reasonable person to fear imminent
apprehension of bodily harm.
(iii) Approaching or following a person in a manner that is
reasonably likely to intimidate a person into responding
affirmatively to the solicitation.
(iv) Continuing to solicit a person after the person being
solicited has communicated that he or she does not want to be
solicited.
(v) Intentionally, knowingly, or recklessly obstructing the
safe or free passage of a person being solicited or requiring a
person being solicited to take evasive action to avoid physical
contact with the person making the solicitation.
(vi) Intentionally, knowingly, or recklessly using obscene or
abusive language or gestures that are intended or likely to cause a
reasonable person to fear imminent apprehension of bodily harm.
(vii) Intentionally, knowingly, or recklessly using obscene or
abusive language or gestures that are reasonably likely to
intimidate a person into responding affirmatively to the
solicitation.
Sec. 7. A person who violates this act is responsible for a
state civil infraction and is subject to a fine of not more than
$100.00.
Sec. 9. This act does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law,
including a violation of law arising out of the same transaction as
the violation of this act.
Sec. 11. This act does not prohibit a county, city, township,
or village from adopting an ordinance or enforcing an existing
ordinance relating to aggressive solicitation.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 5104 (request no. 02780'15 a)
of the 98th Legislature is enacted into law.