Michigan Senate Bill SB0363

Michigan 2025-2026 Regular Session

• Introduced: 6/5/25
• Refer: 6/5/25

Caption

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

Impact

The changes proposed in SB 0363 intend to amend MCL 8.9 to ensure that the definitions related to intent, knowledge, and other forms of culpability are up to date and reflective of current standards. This could significantly affect how identity theft cases are prosecuted in the state, especially with regards to the burdens placed on the prosecution to prove the necessary mental states for culpability. By specifying what constitutes an offense, this law could ultimately streamline the judicial process surrounding identity theft and possibly reduce wrongful prosecutions.

Summary

Senate Bill 0363 amends the statute from 1846 concerning criminal liability related to identity theft. This bill aims to clarify the standards of culpability required for an individual to be found guilty of a criminal offense. It outlines that a person cannot be deemed guilty unless their criminal liability is based on either a voluntary act or an omission of an act they were capable of performing. It further specifies the requisite degrees of culpability that dictate the legal liability of an individual in various scenarios of offense.

Contention

Debate around SB 0363 may focus on how these changes could impact the prosecution of identity theft and related crimes. There is a potential concern that by modifying culpability standards, the bill could inadvertently shield certain offenders from accountability, thus eliciting apprehension among consumer rights advocates. Critics argue that while amending liability standards is crucial, any dilution of accountability could impede efforts to combat identity theft effectively. The nuances of the statutory amendments and their interpretations will likely be closely scrutinized during legislative discussions.