Bill Text: MI HB5050 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crimes; fraud; sale, purchase, installation, transfer, or possession of "skimming" devices; prohibit, and provide penalties. Amends sec. 411w of 1931 PA 328 (MCL 750.411w).

Spectrum: Slight Partisan Bill (Republican 10-6)

Status: (Passed) 2013-12-31 - Assigned Pa 212'13 With Immediate Effect 2013 Addenda [HB5050 Detail]

Download: Michigan-2013-HB5050-Engrossed.html

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HB-5050, As Passed House, November 7, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5050

 

October 3, 2013, Introduced by Reps. Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, Foster, 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 411w (MCL 750.411w), as added by 2012 PA 146.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411w. (1) A person shall not knowingly sell, purchase,

 

install, transfer, or possess in this state any automated sales

 

suppression device or zapper, or phantom-ware, or a skimming

 

device.

 

     (2) A person who violates subsection (1) is guilty of a felony

 

and shall be imprisoned for not less than 1 year or more than 5

 

years and, in addition, may be fined not more than $100,000.00.

 

     (3) A person who violates subsection (1) is liable for all

 

taxes and penalties due the state as the result of the fraudulent

 

use of an automated sales suppression device, or phantom-ware, or a

House Bill No. 5050 as amended November 6, 2013

 

skimming device and shall disgorge all profits associated with the

 

sale or use of an automated sales suppression device, or phantom-

 

ware, or a skimming device.

[(4) Subsection (1) does not apply to equipment or technology utilized by a law enforcement officer while the officer is in the lawful performance of his or her duties as a law enforcement officer.

     (5)] As used in this section:

 

     (a) "Automated sales suppression device" or "zapper" means a

 

software program carried on a memory stick or removable compact

 

disc, accessed through an internet link, or accessed through any

 

other means, that falsifies the electronic records of electronic

 

cash registers and other point-of-sale systems, including, but not

 

limited to, transaction data and transaction reports.

 

     (b) "Electronic cash register" means a device that keeps a

 

register or supporting documents through the means of an electronic

 

device or computer system designed to record transaction data for

 

the purpose of computing, compiling, or processing retail sales

 

transaction data in whatever manner.

 

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

 

in section 157m of the Michigan penal code, 1931 PA 328, MCL

 

750.157m.

 

     (d) "Personal identifying information" and "personal

 

information" mean those terms as defined in section 3 of the

 

identity theft protection act, 2004 PA 452, MCL 445.63.

 

     (e) (c) "Phantom-ware" means a hidden, preinstalled, or

 

installed at a later time programming option embedded in the

 

operating system of an electronic cash register or hardwired into

 

the electronic cash register that can be used to create a virtual

 

second till or may eliminate or manipulate transaction records that

 

may or may not be preserved in digital formats to represent the

 

true or manipulated record of transactions in the electronic cash

 

register.

 

     (f) "Skimming device" means any combination of devices or

 

methods that are designed or adapted to be placed on the physical

 

property of another person and to obtain the personal information

 

or personal identifying information of another, or any other

 

information that allows access to a person's financial accounts,

 

from a financial transaction device without the permission of the

 

owner of the financial transaction device.

 

     (g) (d) "Transaction data" includes information regarding

 

items purchased by a customer, the price for each item, a

 

taxability determination for each item, a segregated tax amount for

 

each of the taxed items, the amount of cash or credit tendered, the

 

net amount returned to the customer in change, the date and time of

 

the purchase, the name, address, and identification number of the

 

vendor, and the receipt or invoice number of the transaction.

 

     (h) (e) "Transaction report" means a report that includes, but

 

need not be limited to, the sales, taxes collected, media totals,

 

and discount voids at an electronic cash register that is printed

 

on cash register tape at the end of a day or shift, or a report

 

documenting every action at an electronic cash register that is

 

stored electronically.