HB-5051, As Passed Senate, December 12, 2013

HOUSE BILL No. 5051

October 3, 2013, Introduced by Reps. Cotter, Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes and referred to the Committee on Criminal Justice.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 539k (MCL 750.539k), as added by 2004 PA 460.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

that involves the use of a financial transaction device shall not

secretly or surreptitiously photograph, or otherwise capture or

record, electronically or by any other means, or distribute,

disseminate, or transmit, electronically or by any other means,

personal identifying information from the transaction without the

consent of the individual.

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

of personal identifying information in the ordinary 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.

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

~~misdemeanor~~ felony punishable by imprisonment ~~for not more than 1~~

~~year or a fine of not more than $1,000.00, or both.~~as follows:

(a) Except as otherwise provided in subdivisions (b) and (c),

by imprisonment for not more than 5 years or a fine of not more

than $25,000.00, or both.

(b) If the violation is a second violation of subsection (1),

by imprisonment for not more than 10 years or a fine of not more

than $50,000.00, or both.

subsection (1), by imprisonment for not more than 15 years or a

fine of not more than $75,000.00, or both.

(6) As used in this section:

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

in section 157m.

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

defined in section 3 of the identity theft protection act, 2004 PA