Bill Text: MI HB4891 | 2017-2018 | 99th Legislature | Engrossed

Bill Title: Civil rights; privacy; parental eavesdropping; allow under certain circumstances. Amends sec. 539g of 1931 PA 328 (MCL 750.539g).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-04-17 - Referred To Committee On Families, Seniors And Human Services [HB4891 Detail]

Download: Michigan-2017-HB4891-Engrossed.html

HB-4891, As Passed House, April 12, 2018





























     A bill to amend 1931 PA 328, entitled


"The Michigan penal code,"


by amending section 539g (MCL 750.539g), as amended by 1993 PA 227.




     Sec. 539g. Sections 539a to 539f do not prohibit any of the




     (a) Eavesdropping or surveillance not otherwise prohibited by


law by a peace officer of this state or of the federal government,


or the officer's agent, while in the performance of the officer's




     (b) Hearing a communication transmitted by common carrier


facilities by an employee of a communications common carrier when


acting in the course of his or her employment.


     (c) The recording by a public utility of telephone


communications to it requesting service or registering a complaint


by a customer, if a record of the communications is required for


legitimate business purposes and the agents, servants, and


employees of the public utility are aware of the practice or


surveillance by an employee safeguarding property owned by, or in


custody of, his or her employer on his or her employer's property.


     (d) The routine monitoring, including recording, by employees


of the department of corrections of telephone communications on


telephones available for use by prisoners in state correctional


facilities, if the monitoring is conducted in the manner prescribed


by section 70 of Act No. 232 of the Public Acts of 1953, being


section 791.270 of the Michigan Compiled Laws, the corrections code


of 1953, 1953 PA 232, MCL 791.270, and rules promulgated under that




     (e) Eavesdropping not otherwise prohibited by law by the


custodial parent, foster parent, or guardian of a minor child on


that minor child during a private conversation to which the minor


child is a participant. However, eavesdropping permitted by this


subdivision does not extend to a private conversation with any of


the following:


     (i) The minor child's attorney or guardian ad litem.


     (ii) A child custody investigator or peace officer.


     (iii) The other custodial parent, unless there is a good-


faith, objectively reasonable basis for believing that


eavesdropping is necessary to protect the well-being or safety of


the minor child.