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HB 5911

Criminal procedure: sentencing; mandatory sentencing for certain crimes in the identity theft act; require. Amends sec. 9 of 2004 PA 452 (MCL 445.69).

2025-2026 Regular Session Introduced by Will Bruck and 4 co-sponsors

HB 5911 beefs up penalties for repeat identity theft offenses under sections 5/7, including life or long terms after multiple violations.

bill electronically reproduced 04/29/2026
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Bill Summary · HB 5911

Summary of HB 5911 (2025-2026) — Michigan

Overview

HB 5911 proposes amendments to the Identity Theft Protection Act (2004 PA 452), specifically amending section 9 (MCL 445.69). The bill adds mandatory sentencing enhancements for violations of identity theft-related provisions, with particular emphasis on repeat offenses, and clarifies certain defenses and procedural aspects. The act would take effect 90 days after enactment.

Purpose and Intent

  • To strengthen penalties for certain identity theft-related crimes and related misuse of personal identifying information.
  • To deter identity theft by imposing progressively harsher penalties for repeat violations of sections 5 or 7 of the Identity Theft Protection Act.
  • To ensure consistent sentencing across all violations involving the misuse of identifying information, including circumstances where victims are alive or deceased.

Key Provisions and Changes

  1. Enhanced Penalties for Violations of Sections 5 or 7 (Identity Theft Provisions)

    • Subsection (1): Establishes a tiered felony sentencing framework based on the number of prior violations.
      • First violation: Imprisonment up to 5 years, or fines up to $25,000, or both.
      • Second violation: Imprisonment up to 10 years, or fines up to $50,000, or both.
      • Third or subsequent violation: Imprisonment up to 15 years, or fines up to $75,000, or both; in addition, the court must sentence the offender to life or a term of years not less than 10 years.
    • Subsection (2): For a violation of section 7 specifically, the court shall sentence the offender to imprisonment for life or a term of years not less than 2.5 years (2 years 6 months).

  2. Victim Status and Scope (Subsection 3/4)

    • Sections 5 and 7 apply regardless of whether the victim or intended victim is alive or deceased at the time of the violation.
    • The bill does not bar other applicable criminal violations or uses of information obtained through the violation.

  3. Consecutive Sentencing (Subsection 5)

    • The court may order that a term of imprisonment imposed under this section be served consecutively to other terms arising from offenses committed using the same unlawfully obtained information or related offenses.

  4. Defenses (Subsection 6)

    • A defendant may raise, and bears the burden of proof by a preponderance of the evidence, a defense that they lawfully transferred, obtained, or attempted to obtain personal identifying information for detecting, preventing, deterring identity theft or other crime, or the funding of criminal activity.

  5. Exceptions (Subsection 7)

    • The enhanced sentencing provisions do not apply to violations of statutes or rules administered by regulatory boards or officers with primary jurisdiction (e.g., certain financial institutions or insurance regulations), if the act is committed by a regulated person or by someone contracted with them.

  6. Effective Date

    • Enactment takes effect 90 days after the law is enacted.

Who/What is Affected

  • Individuals convicted of violating Michigan’s Identity Theft Protection Act sections 5 or 7.
  • Defendants with multiple prior offenses under these sections (tiered penalties, with escalating imprisonment and fines).
  • Courts in Michigan responsible for sentencing and potential consecutive-term orders.
  • Parties subject to defenses concerning lawful collection or use of identifying information (burden of proof on defense by preponderance).

Procedural and Timeline Aspects

  • The bill is introduced 2026 and referred to the Committee on Judiciary.
  • Effective date: 90 days after enactment.
  • The act would apply to offenses committed under sections 5 or 7 of the Identity Theft Protection Act, including consecutive sentencing considerations.

Notes for Readers

  • The bill intensifies penalties for repeat identity theft offenses and strengthens the consequence structure for section 7 violations.
  • It preserves certain defenses and clarifies victim status, while allowing consecutive sentencing.
  • It does not alter the underlying substantive prohibitions of sections 5 and 7, but adds enhanced sentencing options.

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

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