September 14, 2006, Introduced by Reps. Espinoza, Sheltrown, Zelenko, Lemmons, Jr., Gonzales, Clemente, Miller, Bennett, Byrum, Polidori, Farrah, Anderson, Tobocman, Kolb, Lipsey, Byrnes, Mayes, Gleason, Condino, Accavitti, Clack, Murphy, Cushingberry, Vagnozzi, McDowell, Williams, Kathleen Law, Hopgood, Hunter, Hood, Donigan, Adamini, Alma Smith, Sak, Brown, Virgil Smith, Bieda, Angerer, Gillard, Dillon and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 9 (MCL 445.69).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) Subject to subsection (6), a person who violates
section 5 or 7 is guilty of a felony punishable by imprisonment for
not
more than 5 14
years or a fine of not more than
$25,000.00,
or both.
(2) Sections 5 and 7 apply whether an individual who is a
victim or intended victim of a violation of 1 of those sections is
alive or deceased at the time of the violation.
(3) This section does not prohibit a person from being charged
with, convicted of, or sentenced for any other violation of law
committed by that person using information obtained in violation of
this section or any other violation of law committed by that person
while violating or attempting to violate this section.
(4) The court may order that a term of imprisonment imposed
under this section be served consecutively to any term of
imprisonment imposed for a conviction of any other violation of law
committed by that person using the information obtained in
violation of this section or any other violation of law committed
by that person while violating or attempting to violate this
section.
(5) A person may assert as a defense in a civil action or as
an affirmative defense in a criminal prosecution for a violation of
section 5 or 7, and has the burden of proof on that defense by a
preponderance of the evidence, that the person lawfully
transferred, obtained, or attempted to obtain personal identifying
information of another person for the purpose of detecting,
preventing, or deterring identity theft or another crime or the
funding of a criminal activity.
(6) Subsection (1) does not apply to a violation of a statute
or rule administered by a regulatory board, commission, or officer
acting under authority of this state or the United States that
confers primary jurisdiction on that regulatory board, commission,
or officer to authorize, prohibit, or regulate the transactions and
conduct of that person, including, but not limited to, a state or
federal statute or rule governing a financial institution and the
insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, if
the act is committed by a person subject to and regulated by that
statute or rule, or by another person who has contracted with that
person to use personal identifying information.