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HOUSE BILL NO. 5911
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 9 (MCL 445.69), as amended by 2010 PA 318.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) Subject to subsection (6), (7), a person who 1
violates section 5 or 7 is guilty of a felony. punishable as 2
follows: 3
(a) Except as otherwise provided in subdivisions (b) and (c), 4
by imprisonment for not more than 5 years or a fine of not more 5
than $25,000.00, or both. 6
April 29, 2026, Introduced by Reps. Bruck, Hoadley, St. Germaine, Wozniak and Pavlov and
referred to Committee on Judiciary.
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(b) If the violation is a second violation of section 5 or 7, 1
by imprisonment for not more than 10 years or a fine of not more 2
than $50,000.00, or both. 3
(c) If the violation is a third or subsequent violation of 4
section 5 or 7, by imprisonment for not more than 15 years or a 5
fine of not more than $75,000.00, or both.The court shall sentence 6
the person to imprisonment for life or any term of years but not 7
less than 10 years. 8
(2) Subject to subsection (7), a person who violates section 7 9
is guilty of a felony. The court shall sentence the person to 10
imprisonment for life or any term of years but not less than 2 11
years and 6 months. 12
(3) (2) Sections 5 and 7 apply whether an individual who is a 13
victim or intended victim of a violation of 1 of those sections is 14
alive or deceased at the time of the violation. 15
(4) (3) This section does not prohibit a person from being 16
charged with, convicted of, or sentenced for any other violation of 17
law committed by that person using information obtained in 18
violation of this section or any other violation of law committed 19
by that person while violating or attempting to violate this 20
section. 21
(5) (4) The court may order that a term of imprisonment 22
imposed under this section be served consecutively to any term of 23
imprisonment imposed for a conviction of any other violation of law 24
committed by that person using the information obtained in 25
violation of this section or any other violation of law committed 26
by that person while violating or attempting to violate this 27
section. 28
(6) (5) A person may assert as a defense in a civil action or 29
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as an affirmative defense in a criminal prosecution for a violation 1
of section 5 or 7, and has the burden of proof on that defense by a 2
preponderance of the evidence, that the person lawfully 3
transferred, obtained, or attempted to obtain personal identifying 4
information of another person for the purpose of detecting, 5
preventing, or deterring identity theft or another crime or the 6
funding of a criminal activity. 7
(7) (6) Subsection (1) does Subsections (1) and (2) do not 8
apply to a violation of a statute or rule administered by a 9
regulatory board, commission, or officer acting under authority of 10
this state or the United States that confers primary jurisdiction 11
on that regulatory board, commission, or officer to authorize, 12
prohibit, or regulate the transactions and conduct of that person, 13
including, but not limited to, a state or federal statute or rule 14
governing a financial institution and the insurance code of 1956, 15
1956 PA 218, MCL 500.100 to 500.8302, if the act is committed by a 16
person subject to and regulated by that statute or rule, or by 17
another person who has contracted with that person to use personal 18
identifying information. 19
Enacting section 1. This amendatory act takes effect 90 days 20
after the date it is enacted into law. 21