0885: FLOOR ANALYSIS - SENT. GUIDELINES: IDENTITY THEFT

SENT. GUIDELINES: IDENTITY THEFT - S.B. 885 (S-1): FLOOR ANALYSIS

Senate Bill 885 (Substitute S-1 as reported)

CONTENT

The bill would amend the Code of Criminal Procedure to include in the sentencing guidelines provisions the felony of obtaining personal identity information without authorization, as proposed by Senate Bill 120. The offense would be categorized as a Class E property felony with a statutory maximum sentence of five years' imprisonment.

The bill is tie-barred to Senate Bill 120 and would take effect 90 days after its enactment.

MCL 777.16o - Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State and local government.

The proposed crime would carry a five-year maximum penalty and use the "E" sentencing guideline grid in order to determine the minimum sentence range. Minimum sentences on the "E" grid vary from 0-3 months to 24-38 months.

There are no available data that would indicate how many people could be convicted obtaining personal identity information without authorization. However, assuming that 10 offenders a year would be convicted of this crime and serve a minimum sentence in a State facility of 38 months, given the average annual cost of incarceration of $22,000, the cost to incarcerate these offenders would be $697,000 in the long run. Assuming that offenders would receive a minimum sentence in the lower range of the grid, the offenders would be subject to local incarceration or intermediate sanctions. Costs vary for local incarceration and intermediate sanctions among the counties and programs.

Date Completed: 11-15-99 - Fiscal Analyst: K. Firestone

floor\sb885 - Analysis available @ http://www.michiganlegislature.org

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.