Bill Text: MI SB0023 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Crimes; identity theft; mail and mail depository protection act; create. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2019-06-18 - Referred To Second Reading [SB0023 Detail]

Download: Michigan-2019-SB0023-Engrossed.html

SB-0023, As Passed Senate, February 28, 2019

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 23

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to prohibit the theft of mail; to provide for the

 

powers and duties of certain state and local governmental officers

 

and entities; and to prescribe penalties and provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "mail

 

and mail depository protection act".

 

     Sec. 2. As used in this act:

 

     (a) "Mail" means a letter, postal card, package, bag, or any

 

other article or thing contained therein, or other sealed article

 

addressed to a person.

 

     (b) "Mail carrier" means a person who is employed to deliver

 

and collect mail.

 

     (c) "Mail depository" means a mailbox, letter box, or mail

 

receptacle, a post office or a station of a post office, a postal


service vehicle, or any authorized depository for mail.

 

     (d) "Person" means an individual, partnership, corporation,

 

limited liability company, association, or other legal entity.

 

     Sec. 3. (1) A person shall not do any of the following with

 

respect to mail that is addressed to another person:

 

     (a) Knowingly and intentionally remove mail from a mail

 

depository.

 

     (b) Knowingly and intentionally take mail from a mail carrier.

 

     (c) Obtain custody of mail by intentionally deceiving a mail

 

carrier, or other person who rightfully possesses or controls the

 

mail, by making a written, verbal, or electronic representation

 

that the person knows to be false with intent to deceive and

 

actually deceive a mail carrier or other person who possesses or

 

controls the mail.

 

     (d) Knowingly and intentionally remove the contents of mail.

 

     (e) Knowingly and intentionally take mail that has been left

 

for delivery at the location specified on the mail.

 

     (f) Knowingly and intentionally take mail that has been left

 

for collection on or adjacent to a mail depository.

 

     (g) Knowingly and intentionally destroy or damage mail.

 

     (h) Receive, possess, transfer, or conceal mail, knowing or

 

having reason to believe the mail was obtained in violation of this

 

section or in a manner that is otherwise prohibited by the law of

 

this state or of the United States.

 

     (2) Except for a person that is charged with a violation of

 

subsection (1)(c), a person may assert 1 or more of the following

 

as an affirmative defense to an alleged violation of subsection


(1):

 

     (a) That the person acted with the consent of the person to

 

whom the mail was addressed, unless that person gave consent

 

knowing that the information would be used to commit an unlawful

 

act.

 

     (b) That the action taken was authorized or required by state

 

or federal law, rule, or regulation, or a court order or rule.

 

     (c) That the person is the legal guardian of a child or an

 

adult and is authorized to possess the mail of that child or adult

 

and to make decisions regarding access to that mail.

 

     (3) A person asserting an affirmative defense under subsection

 

(2) has the burden of establishing the affirmative defense by a

 

preponderance of the evidence.

 

     (4) A person who violates this section is guilty of a crime

 

punishable as follows:

 

     (a) Except as otherwise provided in subdivisions (b), (c), and

 

(d), the person is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$500.00, or both.

 

     (b) If the violation is a second violation of this section,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 5 years or a fine of not more than $1,000.00, or both.

 

     (c) If the violation is a third or subsequent violation of

 

this section, the person is guilty of a felony punishable by

 

imprisonment for not more than 10 years or a fine of not more than

 

$2,000.00, or both.

 

     (d) If the violation of this section involved the theft of


mail by a person with the intent to commit fraud, the person is

 

guilty of a felony punishable by imprisonment for not more than 5

 

years or a fine of not more than $1,000.00, or both.

 

     (5) This section applies whether a person whose mail is

 

obtained, or attempted to be obtained, if the person is an

 

individual, in violation of this section is alive or deceased at

 

the time of the violation.

 

     (6) This section does not prohibit a person from being charged

 

with, convicted of, or sentenced for any other violation of law

 

committed by that person using mail obtained in violation of this

 

section or any other violation of law committed by that person

 

while violating or attempting to violate this section.

 

     (7) It is an affirmative defense to a prosecution under this

 

section that the person lawfully transferred, obtained, or

 

attempted to obtain mail for the purpose of detecting, preventing,

 

or deterring mail theft or another crime. The defendant has the

 

burden of establishing the affirmative defense by a preponderance

 

of the evidence.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

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