HB 4397 — Courts: judges; personal information and physical safety protections for judges, their families, and household members; enhance. Creates new act.

HB-4397, As Passed House, November 13, 2025 SUBSTITUTE FOR HOUSE BILL NO.

(a) "Immediate"Designated familycontact" member" means anyeither of the followingfollowing: whose permanent residence is the same as the protected individual's permanent residence:

(i) For an individual who is the current or a former governor or the current lieutenant governor, attorney general, or secretary SCS H02898'25 (H-6)(H-8)_HB4397_APH_1 rsx54bsgp2je 1 (i)of Thestate, protectedthe individual'sdepartment spouse.of technology, management, and budget.

(ii) For an individual who is a legislator, the legislative council.

(b) "Immediate family member" means any of the following whose permanent residence is the same as the protected individual's permanent residence:

(i) The protected individual's spouse.

(b)(c) "Legislator" means any of the following:

(c)(d) "Person" means an individual, corporation, limited liability company, partnership, firm, organization, association, or other legal entity but does not include a public body.

(d)(e) "Personal identifying information" means any 1 or more of the following:

SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 (vi) Social Security number.

SCS H02898'25 (H-6) rsx54b 1 (xi) License plate number or other unique identifier of a vehicle that is owned, leased, or regularly used by a protected individual or a protected individual's immediate family member.

(xii) Current or future school or day-care informationinformation, including, but not limited to, the name or address of the school or day care attended, schedule of attendance, or route taken to or from the school or day care by a protected individual or a protected individual's immediate family member.

(xiii) Information on the employment location, except the protected individual's official office, of a protected individual or a protected individual's immediate family membermember, including the name or address of the employer, employment schedules, or routes taken to or from the employer.

(e)(f) "Protected individual" means any of the following:

(f)(g) "Public body" means any of the following:

(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 governor or lieutenant governor, or employees of the governor or lieutenant governor.

(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special SCS H02898'25 (H-6) rsx54b 1 district, or municipal corporation, or a board, department, commission, council, or agency.

(g)(h) "Publicly post or display" means to communicate or otherwise make personal identifying information available to the general public.

(h)(i) "Residential address" means the place that is the settled home or domicile at which an individual legally resides and is a residence as that term is defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168.11.

(i)(j) "Transfer" means to sell, license, trade, or exchange for consideration the personal identifying information of a protected individual or protected individual's immediate family member.

SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 (2) A protected individual may submit a written request, on a form prescribed by the departmentprotected ofindividual's technology,designated management,contact, and budget, to a public body or person to remove a public posting or display of personal identifying information of the protected individual or the protected individual's immediate family member.

SCS H02898'25 (H-6) rsx54b 1 (a) Proof of the protected individual's office and identity.

(4) On the written delegation of authority by a protected individual, thea departmentdesignated ofcontact technology, management, and budget may submit a written request to a public body or person on behalftheir ofbehalf a protected individual under subsection (2).

(5) A person may contact the departmentdesignated ofcontact technology, management, and budget to obtain information on the following:

(a) ToAn complyindividual's witheligibility under section 7 of article IV of the state constitution of 1963, ato legislator'sbe datea oflegislator. birth.

(b) ToAn complyindividual's witheligibility under section 22 of article V of the state constitution of 1963, to be the governor or lieutenant governor'sgovernor. date of birth.

(6) A written request provided to the office of the county SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 register of deeds must include a list of all instruments to be protected by liber and page or other unique identifying number.

(1) Except as otherwise provided, a public body that has received a written request under section 3 shall not publicly post or display or provide to a person the specified personal identifying information of a protected individual or a protected individual's SCS H02898'25 (H-6) rsx54b 1 immediate family member, as applicable.

(2) Except as otherwise provided, a person that has received a written request under section 3 shall not publicly post or display or transfer the specified personal identifying information of a protected individual or a protected individual's immediate family member, as applicable.

SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 (a) The display of the personal identifying information of a protected individual or a protected individual's immediate family member if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern.

(b) After the effective date of this act, personal identifying SCS H02898'25 (H-6) rsx54b 1 information voluntarily published by the protected individual or the protected individual's immediate family member.

(e) The provision of publicly available personal identifying information by a real-time or near-real-time alert service for a health or safety purpose.purpose, including, but not limited to, an amber alert issued under the Michigan amber alert act, 2002 PA 712, MCL 28.751 to 28.755.

(g) The use of personal identifying information by a commercial entity engaged in the collection, maintenance, disclosure, sale, communication, or use of personal identifying SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides personal identifying information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the fair credit reporting act, 15 USC 1681 to 1681x.

SCS H02898'25 (H-6) rsx54b 1 (h) The use of personal identifying information by a commercial entity using personal identifying information that was collected, processed, sold, or disclosed in compliance with the driver's privacy protection act of 1994, 18 USC 2721 to 2725.

or investigate, report, or SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 prosecute any person responsible for any such action.

SCS H02898'25 (H-6) rsx54b 1 (n) Nothing in this section prohibits a public body from providing access to records that contain the personal identifying information of a protected individual or protected individual's immediate family member to a person when the access is incidental to conducting the activities under subdivisions (a) to (l).

(p) The use and display of personal identifying information required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.730.

(1) If 5 business days after a public body or a person has received a written request under section 34 the public body or person is not in compliance with this act, the protected individual or the protected individual's immediate family member may commence SCS H02898'25 (H-8)_HB4397_APH_1 sgp2je 1 a civil action to compel compliance or to enjoin further noncompliance with this act.

If a protected individual or a protected individual's immediate family member commences an action for injunctive relief, the protected individual or the protected individual's immediate family member is not required to post security as a condition for obtaining a preliminary injunction or a SCS H02898'25 (H-6) rsx54b 1 temporary restraining order.

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