Michigan Compiled Laws Act 452 Of 2004 Identity Theft Protection Act (445.61 - 445.79d. Added)***** 445.79d. Added This Added § Is Effective January 18, 2016 *****

• Section 445.61 Short Title.
  This act shall be known and may be cited as the "identity theft protection act". History: 2004, Act 452, Eff. Mar. 1, 2005
• Section 445.63 Definitions.
  As used in this act: (a) "Agency" means a department, board, commission, office, agency, authority, or other unit of state government of this state....
• Section 445.65 Prohibited Acts; Violations; Defense In Civil Action Or Criminal Prosecution; Burden Of Proof.
  (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use...
• Section 445.65a Definitions; Prohibited Acts; Obtaining Confidential Telephone Records By Law Enforcement Agency Or Telecommunication Provider.
  (1) As used in this act: (a) "Confidential telephone record" means any of the following: (i) Information that relates to the quantity, technical configuration,...
• Section 445.67 Additional Prohibited Acts.
  A person shall not do any of the following: (a) Make any electronic mail or other communication under false pretenses purporting to be by...
• Section 445.67a Prohibited Acts; Interactive Computer Service Provider Not Liable For Certain Actions; Civil Action By Attorney General Or Interactive Computer Service Provider; Exception; Recovery Of Damages; Investigation.
  (1) A person shall not do any of the following: (a) Make any electronic mail or other communication under false pretenses purporting to be...
• Section 445.69 Certain Violations As Felony; Penalty; Consecutive Sentences; Defense In Civil Action Or Criminal Prosecution; Burden Of Proof; Exception.
  (1) Subject to subsection (6), a person who violates section 5 or 7 is guilty of a felony punishable as follows: (a) Except as...
• Section 445.71 Prohibited Acts In Conduct Of Trade Or Commerce; Violation As Misdemeanor; Penalty; Civil Liability.
  (1) A person shall not do any of the following in the conduct of trade or commerce: (a) Deny credit or public utility service...
• Section 445.72 Notice Of Security Breach; Requirements.
  (1) Unless the person or agency determines that the security breach has not or is not likely to cause substantial loss or injury to,...
• Section 445.72a Destruction Of Data Containing Personal Information Required; Violation As Misdemeanor; Fine; Compliance; "Destroy" Defined.
  (1) Subject to subsection (3), a person or agency that maintains a database that includes personal information regarding multiple individuals shall destroy any data...
• Section 445.72b Misrepresentation By Advertisement Or Solicitation Prohibited; Violation As Misdemeanor; Penalty; Civil Remedy.
  (1) A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred...
• Section 445.73 Verification Of Information; Use Of Vital Record.
  (1) A law enforcement agency or victim of identity theft may verify information from a vital record from a local registrar or the state...
• Section 445.75 Repeal Of Mcl 750.285.
  Section 285 of the Michigan penal code, 1931 PA 328, MCL 750.285, is repealed. History: 2004, Act 452, Eff. Mar. 1, 2005
• Section 445.77 Effective Date.
  This act takes effect March 1, 2005. History: 2004, Act 452, Eff. Mar. 1, 2005
• Section 445.79 Property Subject To Forfeiture.
  (1) Except as provided in subsection (2), the following property is subject to forfeiture: (a) Any personal or real property that has been used,...
• Section 445.79a Seizure Of Forfeited Property; Seizure Without Process; Circumstances.
  Property that is subject to forfeiture under this act may be seized upon process issued by the circuit court having jurisdiction over the property....
• Section 445.79b Seizure Without Process Of Property Not Exceeding $50,000.00; Procedure; Powers Of Seizing Agency; Title; Examination Of Seized Money; Return Of Money; Burden Of Proof.
  (1) If property is seized pursuant to section 19a, forfeiture proceedings shall be instituted promptly. If the property is seized without process as provided...
• Section 445.79c Forfeited Property; Powers Of Local Government Or State; Appointment And Authority Of Receiver; Payment Of Expenses.
  (1) When property is forfeited under this act, the local unit of government that seized the property may do any of the following or,...
• Section 445.79d. Added Seizure And Forfeiture Activities; Report By Agency To Department Of State Police; Audit; "Reporting Agency" Defined.
  445.79d.added Seizure and forfeiture activities; report by agency to department of state police; audit; "reporting agency" defined.Sec. 19d. (1) Beginning February 1, 2016, each reporting...

Last modified: October 10, 2016