September 19, 2006, Introduced by Senators SCOTT, CHERRY, WHITMER, JACOBS, CLARK-COLEMAN and SCHAUER and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 219e (MCL 750.219e), as added by 1999 PA 164.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 219e. (1) Except as otherwise provided by law, a person
shall not do any of the following:
(a) Prepare or submit an application for a loan or other
extension
of credit in with
another person's name
identity
information without authorization from that other person.
(b) Receive or possess an application for a loan or other
extension of credit knowing or having reason to know the
application was prepared or submitted in violation of subsection
(1).
(c) Receive or possess any instrument or device for accessing
the proceeds of a loan or other extension of credit knowing or
having reason to know the instrument or device was obtained as a
result of a violation of subsection (1).
(2) A person who violates this section is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,500.00, or both.
(3) Subsection (1) does not apply to a financial institution
or an affiliate, licensee, or franchisee of a financial institution
or to a director, officer, or employee of a financial institution
or an affiliate, licensee, or franchisee of a financial institution
who does any of the following:
(a)
Prepares or submits an application
in with another
person's name
identity information without prior actual knowledge
that the application is being prepared or was prepared in violation
of subsection (1).
(b)
Submits an application prepared in with
another person's
name
identity information to a federal, state, or local law
enforcement agency or regulatory agency.
(c)
Submits an application prepared in with
another person's
name
identity information to a credit reporting bureau or other
person to determine whether the application was prepared in
violation of subsection (1) or any other law or regulation.
(d)
Receives or possesses an application prepared in with
another
person's name identity
information without prior actual
knowledge that the application was prepared in violation of
subsection (1).
(e) Receives or possesses an instrument or device obtained as
a result of a violation of subsection (1) without prior actual
knowledge that the instrument or device was obtained as a result of
a violation of subsection (1).
(4) As used in this section, "financial institution" means any
of the following:
(a) A regulated lender as defined in section 2 of the credit
reform act, 1995 PA 162, MCL 445.1852.
(b) A person licensed under the Michigan BIDCO act, 1986 PA
89, MCL 487.1101 to 487.2001.
(c) A person licensed or registered under the mortgage
brokers, lenders, and servicers licensing act, 1987 PA 173, MCL
445.1651 to 445.1684.
(d) A person licensed or registered under the secondary
mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81.
(e) A person subject to the retail installment sales act, 1966
PA 224, MCL 445.851 to 445.873.
(f) A person subject to the motor vehicle sales finance act,
1950 (EX SESS) PA 27, MCL 492.101 to 492.141.
(g) A person chartered or regulated by the office of the
comptroller of the currency, the federal deposit insurance
corporation, the federal reserve, or the office of thrift
management.