HOUSE BILL No. 4009


     January 13, 1999, Introduced by Reps. Jelinek and Birkholz and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 285.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 285.  (1) A PERSON SHALL NOT OBTAIN OR ATTEMPT TO

 2    OBTAIN PERSONAL IDENTITY INFORMATION OF ANOTHER PERSON WITH THE

 3    INTENT TO USE THAT INFORMATION TO COMMIT AN ILLEGAL ACT.

 4         (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY

 5    PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF

 6    NOT MORE THAN $2,000.00, OR BOTH.

 7         (3) THIS SECTION DOES NOT PROHIBIT THE PERSON FROM BEING

 8    CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION

 9    OF LAW COMMITTED BY THAT PERSON USING INFORMATION OBTAINED IN

10    VIOLATION OF THIS SECTION.




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 1         (4) AS USED IN THIS SECTION:

 2         (A) "FINANCIAL TRANSACTION DEVICE" MEANS THAT TERM AS

 3    DEFINED IN SECTION 157M.

 4         (B) "PERSONAL IDENTITY INFORMATION" MEANS ANY OF THE FOLLOW-

 5    ING INFORMATION OF ANOTHER PERSON:

 6         (i) HIS OR HER SOCIAL SECURITY NUMBER.

 7         (ii) HIS OR HER DRIVER LICENSE NUMBER.

 8         (iii) INFORMATION REGARDING ANY FINANCIAL ACCOUNT HELD BY

 9    THAT PERSON INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:

10         (A) A SAVINGS OR CHECKING ACCOUNT NUMBER.

11         (B) A FINANCIAL TRANSACTION DEVICE ACCOUNT NUMBER.

12         (C) A STOCK OR OTHER SECURITY CERTIFICATE OR ACCOUNT

13    NUMBER.

14         (D) A PERSONAL INFORMATION NUMBER FOR AN ACCOUNT DESCRIBED

15    IN SUB-SUBPARAGRAPHS (A) TO (C).



























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