Consumer protection: identity theft; references to identity theft protection act in 1846 RS 1; update. Amends sec. 9 of 1846 RS 1 (MCL 8.9). TIE BAR WITH: SB 0360'25
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill updates references to the Identity Theft Protection Act of 2004 within the Michigan Criminal Code. Specifically, it amends section 9 of the Revised Statutes of 1846 (MCL 8.9) to clarify culpability requirements for criminal offenses, ensuring prosecutors must prove a required mental state when defining an element of a crime. The bill also addresses intoxication and impairment, outlining specific defenses related to voluntary substance use. It is contingent on the enactment of Senate Bill 360.
Key provisions
- Clarifies culpability requirements for criminal offenses, requiring prosecutors to prove a necessary mental state.
- Defines terms related to culpability, including ‘intent,’ ‘knowledge,’ and ‘recklessness.’
- Addresses intoxication and impairment, establishing an affirmative defense for specific intent crimes.
- Excludes certain statutes (vehicle code, public health code, penal code, and Chapter 752) from the provisions of this amendment.
- Specifies that negligence, recklessness, and certain substances suffice to meet culpability requirements.
- States that the bill does not apply to crimes under specific codes.
- Requires the enactment of Senate Bill 360 for the bill to take effect.
- Updates references to the Identity Theft Protection Act.
Who is affected
- Criminal defendants
- Prosecutors
- Law enforcement
- Legal professionals
Bill text
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