Bill Text: MI HB5257 | 2017-2018 | 99th Legislature | Chaptered


Bill Title: Crimes; computer; penalties for possession and use of ransomware without authorization; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 409b.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-04-10 - Assigned Pa 95'18 With Immediate Effect [HB5257 Detail]

Download: Michigan-2017-HB5257-Chaptered.html

Act No. 95

Public Acts of 2018

Approved by the Governor

April 2, 2018

Filed with the Secretary of State

April 2, 2018

EFFECTIVE DATE: July 1, 2018

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Reps. Iden, Lower, Griffin, Sheppard, Glenn, McCready, Phelps, Webber, Hertel and Lasinski

ENROLLED HOUSE BILL No. 5257

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 409b.

The People of the State of Michigan enact:

Sec. 409b. (1) A person shall not knowingly possess ransomware with the intent to use or employ that ransomware for the purpose of introduction into the computer, computer data, computer system, or computer network of another person, without authorization of the other person. A person who violates this section is guilty of a felony punishable by imprisonment for not more than 3 years.

(2) As used in this section, “ransomware” means a computer or data contaminant, encryption, or lock that is placed or introduced without authorization into a computer, computer system, or computer network and that restricts access by an authorized person to a computer, computer data, computer system, or computer network in a manner that results in the person responsible for the placement or introduction of the ransomware demanding payment of money or other consideration to remove the computer contaminant, or restore access to the computer, computer system, computer network, or data. Ransomware does not include authentication required to upgrade or access purchased content.

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

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor