SB 363 Michigan Senate · 2025-2026 Regular Session

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

SB 363 amends Michigan's criminal liability standards in Section 9 of the Revised Statutes (MCL 8.9) to clarify when a defendant must prove a specific mental state (like intent or knowledge) for a crime. The key provision updates the statute to explicitly exclude the Identity Theft Protection Act (2004 PA 452) from these new liability rules, ensuring existing standards for identity theft cases remain unchanged. This bill affects all criminal prosecutions under Michigan law except those specifically covered by the Identity Theft Protection Act. The change is procedural, updating statutory references without altering penalties or creating new requirements for identity theft offenses.

Issues: ✓ Technology

Bill status passed 3 of 5 stages cleared

Introduction

Jun 2025

Committee Review

Aug 2025

Senate Passage

Aug 2025

House Passage

Governor

Introduced Jun 5, 2025 Last action Aug 26, 2025

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What changed between versions

Senate Introduced Bill → As Passed by the Senate · 4 edits · Aug 26, 2025

MODERATE

This bill updates Michigan's criminal law to clarify how mental states like intent, knowledge, and recklessness apply to offenses. It adds specific definitions for these terms and establishes that a person cannot use voluntary intoxication or drug use as a defense for most crimes, though an exception exists for specific intent crimes involving legally prescribed medication. The changes aim to ensure consistent application of culpability standards across different types of offenses.

Scope change

The bill expands the scope of the statute by adding new subsections that define key legal terms and explicitly list exclusions for crimes under the Michigan Vehicle Code, Public Health Code, Identity Theft Protection Act, Penal Code, and Chapter 752 of the Compiled Laws.

DEFINITION

Added new subsections defining 'intent', 'knowledge', 'negligence', 'recklessness', and 'culpable' to standardize how these mental states are interpreted in criminal cases.

REQUIREMENT

Added a provision stating that voluntary intoxication or impairment by drugs is not a defense to a crime, with a specific affirmative defense allowed only for specific intent crimes involving legally obtained medication.

SCOPE

Added a list of specific Michigan codes and acts where this section does not apply, clarifying that vehicle, public health, identity theft, penal, and Chapter 752 crimes are excluded from these new mental state rules.

TECHNICAL

Corrected grammatical errors and typos found in the original text, such as fixing run-on sentences and inconsistent phrasing regarding strict liability and culpability.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Aug 26, 2025

Committee

referred to Committee on Government Operations

lower

Aug 26, 2025

Introduced

received on 08/26/2025

lower

Aug 26, 2025

Upper · Passed

PASSED ROLL CALL # 215 YEAS 19 NAYS 15 EXCUSED 3 NOT VOTING 0

upper

Jun 26, 2025

Upper · Passed

REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)

upper

Jun 12, 2025

Committee

REFERRED TO COMMITTEE OF THE WHOLE

upper

Jun 12, 2025

Upper · Passed

REPORTED FAVORABLY WITHOUT AMENDMENT 6/11/2025

upper

Jun 5, 2025

Committee

REFERRED TO COMMITTEE ON FINANCE, INSURANCE, AND CONSUMER PROTECTION

upper

Jun 5, 2025

Introduced

INTRODUCED BY SENATOR SUE SHINK

upper

1 primary · 8 co-sponsors