SENATE BILL NO. 120


   January 27, 1999, Introduced by Senators STEIL, MC COTTER, 
        BULLARD, GOSCHKA, SIKKEMA, SHUGARS, GOUGEON, MC MANUS and
        HAMMERSTROM and referred to the Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 285.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 285.  (1) A PERSON SHALL NOT OBTAIN OR ATTEMPT TO

 2    OBTAIN PERSONAL IDENTITY INFORMATION OF ANOTHER PERSON WITH THE

 3    INTENT TO USE THAT INFORMATION FOR ANY OF THE FOLLOWING PURPOSES

 4    WITHOUT THAT PERSON'S AUTHORIZATION:

 5         (A) TO OBTAIN FINANCIAL CREDIT.

 6         (B) TO PURCHASE OR OTHERWISE OBTAIN OR LEASE ANY REAL OR

 7    PERSONAL PROPERTY.

 8         (C) TO OBTAIN EMPLOYMENT.

 9         (D) TO OBTAIN ACCESS TO MEDICAL RECORDS OR INFORMATION

10    CONTAINED IN MEDICAL RECORDS.




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 1         (E) TO COMMIT ANY ILLEGAL ACT.

 2         (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY

 3    PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF

 4    NOT MORE THAN $2,000.00, OR BOTH.

 5         (3) THIS SECTION DOES NOT PROHIBIT THE PERSON FROM BEING

 6    CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION

 7    OF LAW COMMITTED BY THAT PERSON USING INFORMATION OBTAINED IN

 8    VIOLATION OF THIS SECTION.

 9         (4) AS USED IN THIS SECTION:

10         (A) "FINANCIAL TRANSACTION DEVICE" MEANS THAT TERM AS

11    DEFINED IN SECTION 157M.

12         (B) "MEDICAL RECORDS" INCLUDES, BUT IS NOT LIMITED TO, MEDI-

13    CAL AND MENTAL HEALTH HISTORIES, REPORTS, SUMMARIES, DIAGNOSES

14    AND PROGNOSES, TREATMENT AND MEDICATION INFORMATION, NOTES,

15    ENTRIES, AND X-RAYS AND OTHER IMAGING RECORDS.

16         (C) "PERSONAL IDENTITY INFORMATION" MEANS ANY OF THE FOLLOW-

17    ING INFORMATION OF ANOTHER PERSON:

18         (i) A SOCIAL SECURITY NUMBER.

19         (ii) A DRIVER LICENSE NUMBER OR STATE PERSONAL
             IDENTIFICA-

20    TION CARD NUMBER.

21         (iii) EMPLOYMENT INFORMATION.

22         (iv) INFORMATION REGARDING ANY FINANCIAL ACCOUNT HELD BY

23    ANOTHER PERSON INCLUDING, BUT NOT LIMITED TO, ANY OF THE

24    FOLLOWING:

25         (A) A SAVINGS OR CHECKING ACCOUNT NUMBER.

26         (B) A FINANCIAL TRANSACTION DEVICE ACCOUNT NUMBER.





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 1         (C) A STOCK OR OTHER SECURITY CERTIFICATE OR ACCOUNT

 2    NUMBER.

 3         (D) A PERSONAL INFORMATION NUMBER FOR AN ACCOUNT DESCRIBED

 4    IN SUB-SUBPARAGRAPHS (A) TO (C).
















































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