HOUSE BILL NO. 4667

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 411y.

the people of the state of michigan enact:

Sec. 411y. (1) A person that possesses, develops, deploys, or modifies an AI system with the intent to use the AI system to commit another crime is guilty of a felony and shall be punished by imprisonment for 8 years.

(2) A term of imprisonment imposed for a violation of subsection (1) must run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(3) A person that develops, deploys, or modifies an AI system and uses that AI system in furtherance of committing or attempting to commit another crime is guilty of a felony and shall be punished by imprisonment for 8 years.

(4) A term of imprisonment prescribed by subsection (3) is in addition to the sentence imposed for the conviction of the other crime or the attempt to commit the other crime and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the other crime or attempt to commit the other crime.

(5) A person that designs, distributes, catalogues, or warehouses AI systems for use by another person with the intent that the other person use the AI system to commit a crime is guilty of a felony and shall be punished by imprisonment for 4 years.

(6) A term of imprisonment imposed for a violation of subsection (5) must run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(7) A term of imprisonment imposed under this section must not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1), (3), or (5).

(8) The court shall order a person convicted of violating this section to make restitution in accordance with section 1a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1a.

(9) This section does not apply to a law enforcement officer who is authorized to utilize an AI system while in the official performance of the law enforcement officer's duties and who is performing those duties. As used in this subsection, "law enforcement officer" means an individual who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.

(10) As used in this section:

(a) "AI system" means:

(i) Except as provided in subparagraph (ii), any machine-based system that can process data, generate content, or simulate human-like interactions, including, but not limited to, chatbots, voice assistants, generative AI models, and automated decision-making tools. AI system includes a machine-based system that, for a given set of human-defined objectives, can make predictions, recommendations, or decisions influencing real or virtual environments, and uses machine- and human-based inputs to perceive such environments, abstract those perceptions into models through automated analysis, and use model inference to formulate options for information or action. AI system includes both publicly available and privately developed AI systems used for commercial, governmental, or personal purposes.

(ii) AI system does not include AI-adjacent technologies, including, but not limited to, internet search engines, program plug-ins, or other generative software that cannot act independently of a user to an extent that obscures agency, intent, or authorship.

(b) "Person" means an individual, partnership, corporation, association, or other legal entity.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.