LANSING – The Michigan House Judiciary Committee on Wednesday approved two bills that would increase penalties for identity thieves by including felony convictions under racketeering laws and by allowing law enforcement to seize property from felons in the same way they currently take the valuables involved in narcotics crimes.

HB 5953 expands the definition of racketeering to include those who have been convicted with felony identity theft crimes.

That bill was approved 11-0, and Reps. Kevin Elsenheimer (R-Bellaire) and Rick Jones (R-Grand Ledge) abstained from voting.

HB 5954 would establish the forfeiture proceedings for property belonging to people who have been convicted of an offense listed in the legislation. By aligning the standards with the more common practice police now use to seize property in narcotics cases, the bill simplifies the process, said Matt Bolger, legislative liaison Michigan State Police.

The committee approved that bill 9-1, with Reps. Elsenheimer, Tonya Schuitmaker (R-Lawton) and John Stakoe (R-Highland) abstaining. Rep. Rick Jones provided the vote in opposition.

Both bills have substitutes to clarify that only those with felony offenses would be subject to the stricter rules, alleviating earlier concerns that a person who simply failed to properly dispose of records would be subject to seizure.

The sponsors of the bills intended them to be part of the large identity theft package but the committee Chair Rep. Paul Condino (D-Southfield) said he inadvertently overlooked the legislation.

The committee also took testimony on HB 5567 , which the chair said deals with the “intriguing” issue of the right to publicity.

The legislation would create a legal protection for the right, which refers to a person’s ability to control the commercial use of his or her name or likeness.

According to materials at the committee from the Michigan Bar Association, Michigan is the only state with a 6th Circuit Court that doesn’t have a definition of the right to publicity in law.

Laurie Meeker, president of the Screen Actors Guild, which is promoting the legislation to protect the value its members build in their names with their acting careers, said that the current process forces people to defend themselves in costly court battles.

“At any given time, there are thousands of people trying to make a living with their names but that can only work if (they) control the exploitation of their name,” she said, noting that with the new film incentive package, this bill is timed perfectly to help actors and others who want the security of knowing their persona is protected by the law.

Condino questioned whether Meeker would put the financial concerns of her members before the First Amendment right to free speech.

She responded that since SAG has already helped draft legislation in other states, it has noted concerns from those that would have potential First Amendment issues and included solutions in the bill before the committee.

This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com

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