HB-6177, As Passed Senate, November 10, 2004

HOUSE BILL No. 6177

(As amended, November 10, 2004)

September 9, 2004, Introduced by Rep. Rocca and referred to the Committee on Criminal Justice.

                                                                             A bill to amend 1931 PA 328, entitled                                             

"The Michigan penal code,"                                                  

(MCL 750.1 to 750.568) by adding section 539k.                              

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 539k.  (1) A person who is not a party to a transaction                

2   that involves the use of a financial transaction device shall not           

3   secretly or surreptitiously photograph, <<or otherwise capture or record,

4   electronically or by any other means, or distribute, disseminate, or transmit, electronically or by any other means,>> personal identifying                    

5   information from the transaction without the consent of the                 

6   individual.                                                                 

7       (2) This section does not prohibit the capture or                           

8   transmission of personal identifying information in the ordinary            

9   and lawful course of business.                                              

      <<(3) This section does not apply to a peace officer of this state, or of the federal government, or the officer's agent, while in the lawful performance of the officer's duties.

    (4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section.>>

10      <<(5)>> A person who violates this section is guilty of a                   

11  misdemeanor punishable by imprisonment for not more than 1 year             

House Bill no. 6177 as amended November 10, 2004                            

1   or a fine of not more than $1,000.00, or both.                              

2       <<(6)>> As used in this section:                                            

3       (a) "Financial transaction device" means that term as                       

4   defined in section 157m.                                                    

5       (b) "Personal identifying information" means that term as                   

6   defined in section 3 of the identity theft protection act, MCL              

7   445.63.

8       Enacting section 1.  This amendatory act takes effect March                 

9   1, 2005.