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SB 891

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).

2023-2024 Regular Session Introduced by Rosemary Bayer

SB 891 updates MCL 8.9 cross-references so identity-theft offenses are governed by the revised Identity Theft Protection Act, only if SB 888 passes.

referred to Committee on Government Operations
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Bill Summary · SB 891

SB 891 — Summary (Identity Theft / Statutory Cross‑Reference)

Status: Introduced Jan 24, 2025; referred to Committee on Government Operations
Subject: Consumer protection — identity theft; amends sec. 9 of 1846 RS 1 (MCL 8.9)

Main purpose / intent

SB 891 makes a technical statutory amendment to section 9 of the Revised Statutes of 1846 (MCL 8.9) to update the statutory citation for the Identity Theft Protection Act. In doing so, the bill preserves the existing rule in MCL 8.9 that the general mens rea/culpability provisions in that section do not apply to crimes defined under the Identity Theft Protection Act.

The amendment is tied to a separate, substantive identity‑theft bill (SB 888) that revises the Identity Theft Protection Act; SB 891 updates cross‑references so the exclusion in MCL 8.9 continues to point to the correct Identity Theft Act sections after SB 888’s changes.

Key provisions / changes

  • Amends Section 9 of the Revised Statutes of 1846 (MCL 8.9).
  • Specifically revises the language in subsection (7)(c) that lists statutes to which MCL 8.9 “does not apply,” updating the citation range for the Identity Theft Protection Act to reflect newly numbered or added sections (effectively covering MCL 445.61 through the newly referenced terminal section such as 445.80c).
  • Includes an enactment condition: the amendatory changes do not take effect unless SB 888 (the companion bill that substantively revises the Identity Theft Protection Act) is enacted.

Who or what is affected

  • Courts, prosecutors, defense counsel and criminal defendants: the change clarifies that the specific culpability or liability scheme set out in the Identity Theft Protection Act (as revised by SB 888) governs identity‑theft offenses rather than the general default culpability rules in MCL 8.9.
  • Legislative drafting/administration: updates statutory cross‑references to avoid confusion following renumbering or additions in the Identity Theft Protection Act.
  • Indirectly affected parties include businesses and state agencies subject to SB 888’s new data‑security and breach‑notification rules (SB 888 is the substantive companion).

Policy and fiscal impacts

  • SB 891 is primarily technical/clerical; it does not itself create new duties, penalties, or expenditures.
  • The companion substantive bill (SB 888) carries the policy and fiscal effects (expanded definitions of “personal information,” required security procedures, breach notification, Attorney General enforcement, and civil fines). SB 891’s role is to ensure statutory alignment if SB 888 becomes law.

Procedural / timeline notes

  • Introduced Jan 24, 2025; currently referred to the Committee on Government Operations.
  • The bill’s amendment is conditioned on enactment of SB 888 — SB 891’s change is intended to take effect only if SB 888 (the Identity Theft Protection Act revisions) is enacted.

Bottom line: SB 891 is a technical bill that updates the statutory cross‑reference in MCL 8.9 so that identity‑theft offenses continue to be governed by their specific statutory culpability rules after the Identity Theft Protection Act is revised (via SB 888).

Compiled from official sources — confirm details with the bill’s official record.

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