MI SB0223

Increases felony penalties for identity theft violations under sections 5 and 7: first offense up to 5 years imprisonment or $25,000 fine; second offense up to 10 years or $50,000 fine; third or subsequent offense up to 15 years or $75,000 fine.

Prohibits denying credit or utility service to identity theft victims who provide police reports and federal trade commission affidavits, and restricts sending unsolicited checks or credit cards with personal identifying information.

Requires persons or agencies discovering database security breaches to notify affected Michigan residents without unreasonable delay through written, electronic, or substitute notice methods, with exceptions for law enforcement investigations or minimal risk determinations.

Establishes criminal penalties for falsely claiming security breaches occurred and for creating advertisements that misrepresent or mimic official security breach notices, with fines up to $3,000 for repeat violations.

Authorizes forfeiture of personal and real property used in identity theft felony violations, including conveyances, computers, and electronic equipment, with exceptions for common carriers and secured creditors who had no knowledge of violations.