STATE ID ACCEPTANCE - H.B. 4635: FLOOR ANALYSIS

House Bill 4635 (as reported by the Committee of the Whole)

Sponsor: Representative Lyn Bankes

House Committee: Commerce

Senate Committee: Government Operations

CONTENT

The bill would amend Public Act 222 of 1972, which provides for the issuance of the official State personal identification card (State ID card), to specify that when identification was requested a valid official State ID card, presented by the person to whom the card was issued, would have to be considered the same as a valid Michigan driver license. Further, the bill would increase penalties for presenting false information on a State ID application.

Currently, under the Act, a person who falsely represents information upon applying for a State ID card is guilty of a misdemeanor. The bill would increase the offense to a felony, punishable by imprisonment for at least one year but not more than five years or a fine of at least $500 but not more than $5,000, or both. A person who was convicted of a second violation would be guilty of a felony punishable by imprisonment for at least two years but not more than seven years or a fine of at least $1,500 but not more than $7,000, or both. A person convicted of a third or subsequent violation would be guilty of a felony punishable by imprisonment for at least five years but not more than 15 years or a fine of at least $5,000 but not more than $15,000, or both.

The bill would take effect July 1, 1998.

MCL 28.292 & 28.293 - Legislative Analyst: G. Towne

FISCAL IMPACT

House Bill 4635 would have an indeterminate fiscal impact on both State and local government.

Under the Michigan Vehicle Code (MCL 257.903), the offense of using a driver's license as false identification is very similar to the felony proposed in House Bill 4635; the penalty structure is the same. Assuming that the pattern of convictions and sentences would be similar for the proposed legislation, the convictions and sentences for MCL 257.903 offenses may provide information about the bill's fiscal impact.

In 1996, there were 18 people convicted of violating MCL 257.903, as well as nine people convicted of attempting this felony. Although the length of sentence is unknown, the sentences for these offenders are as follows: eight sent to prison, 13 given probation, and five sent to jail. The cost of incarcerating eight offenders may be estimated at $120,000 per year. The estimated average cost of probation for 13 offenders is about $19,000. Jail costs vary from county to county.

Date Completed: 12-9-97 - Fiscal Analyst: K. Firestone

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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.