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

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4891

 

 

 

 

 

 

 

 

 

 

 

 

     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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

following:

 

     (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

 

duties.

 

     (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

 

section.

 

     (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.