Bill Text: MI SB0654 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Consumer protection; identity theft; conduct prohibited under identity theft protection act; expand. Amends sec. 5 of 2004 PA 452 (MCL 445.65). TIE BAR WITH: SB 0652'19, SB 0655'19, SB 0653'19
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2019-11-13 - Referred To Committee On Insurance And Banking [SB0654 Detail]
Download: Michigan-2019-SB0654-Introduced.html
SENATE BILL NO. 654
November 13, 2019, Introduced by Senators
MACDONALD, THEIS, MCBROOM and SANTANA and referred to the Committee on
Insurance and Banking.
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 5 (MCL 445.65), as amended by 2006 PA 246.
the people of the state of michigan enact:
Sec. 5. (1) A person shall not do any of the following:
(a) With intent to defraud or violate the law, use or attempt to use the personal identifying information or personal information of another person to do either of the following:
(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.
(ii) Commit another unlawful act.
(b) By concealing, withholding, or misrepresenting the person's identity, use or attempt to use the personal identifying information or personal information of another person to do either of the following:
(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.
(ii) Commit another unlawful act.
(2) A person who violates subsection (1)(b)(i) may assert 1 or more of the following as a defense in a civil action or as an affirmative defense in a criminal prosecution, and has the burden of proof on that defense by a preponderance of the evidence:
(a) That the person gave a bona fide gift for or for the benefit or control of, or use or consumption by, the person whose personal identifying information or personal information was used.
(b) That the person acted in otherwise lawful pursuit or enforcement of a person's legal rights, including an investigation of a crime or an audit, collection, investigation, or transfer of a debt, child or spousal support obligation, tax liability, claim, receivable, account, or interest in a receivable or account.
(c) That the action taken was authorized or required by state or federal law, rule, regulation, or court order or rule.
(d) That the person acted with the consent of the person whose personal identifying information or personal information was used, unless the person giving consent knows that the information will be used to commit an unlawful act.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 653.
(b) Senate Bill No. 652.
(c) Senate Bill No. 655.
