Bill Text: MI HB4911 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Law enforcement; investigations; law enforcement agencies to obtain consent or a search warrant to access or disclose certain location information obtained through GPS system; require. Amends secs. 539l & 540 of 1931 PA 328 (MCL 750.539l & 750.540).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-08-02 - Printed Bill Filed 07/19/2013 [HB4911 Detail]

Download: Michigan-2013-HB4911-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4911

 

July 18, 2013, Introduced by Rep. Irwin and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 539l and 540 (MCL 750.539l and 750.540),

 

section 539l as added by 2010 PA 107 and section 540 as amended by

 

2006 PA 61.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 539l. (1) A person who does any of the following is guilty

 

of a misdemeanor punishable by imprisonment for not more than 1

 

year or a fine of not more than $1,000.00, or both:

 

     (a) Installs or places a tracking device, or causes a tracking

 

device to be installed or placed, in or on a motor vehicle without

 

the knowledge and consent of the owner of that motor vehicle or, if

 

the motor vehicle is leased, the lessee of that motor vehicle.

 

     (b) Tracks the location of a motor vehicle with a tracking


 

device without the knowledge and consent of either the owner or the

 

authorized operator of that motor vehicle or, if the motor vehicle

 

is leased, either the lessee or the authorized operator of that

 

motor vehicle.

 

     (c) While being the restrained party under a protective order,

 

tracks the location of a motor vehicle operated or occupied by an

 

individual protected under that order with a tracking device.

 

     (d) While on probation or parole for an assaultive crime or a

 

violation of section 81(3) or (4) or section 81a(2) or (3), tracks

 

the location of a motor vehicle operated or occupied by a victim of

 

that crime or by a family member of the victim of that crime

 

without the knowledge and consent of that victim or family member.

 

     (2) Subsection (1) does not apply to any of the following:

 

     (a) The installation or use of any device that provides

 

vehicle tracking for purposes of providing mechanical, operational,

 

directional, navigation, weather, or traffic information to the

 

operator of the vehicle.

 

     (b) The installation or use of any device for providing

 

emergency assistance to the operator or passengers of the vehicle

 

under the terms and conditions of a subscription service, including

 

any trial period of that subscription service.

 

     (c) The installation or use of any device for providing

 

missing vehicle assistance for the benefit of the owner or operator

 

of the vehicle.

 

     (d) The installation or use of any device to provide

 

diagnostic services regarding the mechanical operation of a vehicle

 

under the terms and conditions of a subscription service, including


 

any trial period of the subscription service.

 

     (e) The installation or use of any device or service that

 

provides the lessee of the vehicle with clear notice that the

 

vehicle may be tracked. For a lessor who installs a tracking device

 

subsequent to the original vehicle manufacture, the notice shall be

 

provided in writing with an acknowledgment signed by the lessee,

 

regardless of whether the tracking device is original equipment, a

 

retrofit, or an aftermarket product. The requirement for written

 

acknowledgment placed upon the lessor is not imposed upon the

 

manufacturer of the tracking device or the manufacturer of the

 

vehicle.

 

     (f) The installation or use of any tracking device by the

 

parent or guardian of a minor on any vehicle owned or leased by

 

that parent or guardian or the minor, and operated by the minor.

 

     (g) The installation or use of a tracking device by a police

 

officer while lawfully performing his or her duties as a police

 

officer, if the police officer first obtains a valid search

 

warrant.

 

     (h) The installation or use of a tracking device by a court

 

officer appointed under section 8321 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.8321, while lawfully performing his

 

or her duties as a court officer.

 

     (i) The installation or use of a tracking device by a person

 

lawfully performing his or her duties as a bail agent as authorized

 

under section 167b or as an employee or contractor of that bail

 

agent lawfully performing his or her duties as an employee or

 

contractor of a bail agent.


 

     (j) Except as provided in subsection (3), the installation or

 

use of a tracking device by a professional investigator or an

 

employee of a professional investigator lawfully performing his or

 

her duties as a professional investigator or employee of a

 

professional investigator for the purpose of obtaining information

 

with reference to any of the following:

 

     (i) Securing evidence to be used before a court, board,

 

officer, or investigating committee.

 

     (ii) Crimes or wrongs done, threatened, or suspected against

 

the United States or a state or territory of the United States or

 

any other person or legal entity.

 

     (iii) Locating an individual known to be a fugitive from

 

justice.

 

     (iv) Locating lost or stolen property or other assets that have

 

been awarded by the court.

 

     (3) The exemption under subsection (2)(j) does not apply if

 

either of the following applies:

 

     (a) The professional investigator or the employee of the

 

professional investigator is working on behalf of a client who is

 

the restrained party under a protective order.

 

     (b) The professional investigator or the employee of the

 

professional investigator knows or has reason to know that the

 

person seeking his or her investigative services, including the

 

installation or use of a tracking device, is doing so to aid in the

 

commission of a crime or wrong.

 

     (4) A person who illegally installs or uses a tracking device

 

or a person described in subsection (2)(i) or (j) who installs or


 

uses a tracking device is liable for all damages incurred by the

 

owner or lessee of the motor vehicle caused by the installation or

 

use of the tracking device.

 

     (5) As used in this section:

 

     (a) "Assaultive crime" means that term as defined in section

 

9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL

 

770.9a.

 

     (b) "Minor" means an individual less than 18 years of age.

 

     (c) "Motor vehicle" means that term as defined in section 412.

 

     (d) "Professional investigator" means a person licensed under

 

the professional investigator licensure act, 1965 PA 285, MCL

 

338.821 to 338.851.

 

     (e) "Protective order" means both of the following:

 

     (i) An order entered under section 2950, 2950a, or 2950h 2950k

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950,

 

600.2950a, and 600.2950h, 600.2950k, or under section 6b of chapter

 

V or section 3(2)(o) of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 765.6b and 771.3, or under section 13a

 

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.13a, or under section 36(16) of the corrections code of 1953,

 

1953 PA 232, MCL 791.236.

 

     (ii) A foreign protection order as defined in section 2950h of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.2950h.

 

     (f) "Tracking device" means any electronic device that is

 

designed or intended to be used to track the location of a motor

 

vehicle regardless of whether that information is recorded.

 

     Sec. 540. (1) A person shall not willfully and maliciously


 

cut, break, disconnect, interrupt, tap, or make any unauthorized

 

connection with any electronic medium of communication, including

 

the internet or a computer, computer program, computer system, or

 

computer network, or a telephone or cellular telephone.

 

     (2) A person shall not willfully and maliciously read or copy

 

any message from any telegraph, telephone line, wire, cable,

 

computer network, computer program, or computer system, or

 

telephone or other electronic medium of communication that the

 

person accessed without authorization.

 

     (3) A person shall not willfully and maliciously make

 

unauthorized use of any electronic medium of communication,

 

including the internet or a computer, computer program, computer

 

system, or computer network, or telephone or cellular telephone.

 

     (4) A person shall not willfully and maliciously prevent,

 

obstruct, or delay by any means the sending, conveyance, or

 

delivery of any authorized communication, by or through any

 

telegraph or telephone line, cable, wire, or any electronic medium

 

of communication, including the internet or a computer, computer

 

program, computer system, or computer network.

 

     (5) A person shall not track or otherwise obtain the physical

 

location of another person by means of a global positioning unit

 

embedded in a cellular telephone, or disclose the physical location

 

of another person ascertained by either of those means, without

 

first obtaining the other person's consent or a valid search

 

warrant to do so.

 

     (6) (5) A person who violates this section is guilty of a

 

crime as follows:


 

     (a) Except as provided in subdivision (b), the person is

 

guilty of a felony punishable by imprisonment for not more than 2

 

years or a fine of not more than $1,000.00, or both.

 

     (b) If the incident to be reported results in injury to or the

 

death of any person, the person violating this section is guilty of

 

a felony punishable by imprisonment for not more than 4 years or a

 

fine of not more than $5,000.00, or both.

 

     (7) (6) As used in this section:

 

     (a) "Computer" means any connected, directly interoperable or

 

interactive device, equipment, or facility that uses a computer

 

program or other instructions to perform specific operations

 

including logical, arithmetic, or memory functions with or on

 

computer data or a computer program and that can store, retrieve,

 

alter, or communicate the results of the operations to a person,

 

computer program, computer, computer system, or computer network.

 

     (b) "Computer network" means the interconnection of hardwire

 

or wireless communication lines with a computer through remote

 

terminals, or a complex consisting of 2 or more interconnected

 

computers.

 

     (c) "Computer program" means a series of internal or external

 

instructions communicated in a form acceptable to a computer that

 

directs the functioning of a computer, computer system, or computer

 

network in a manner designed to provide or produce products or

 

results from the computer, computer system, or computer network.

 

     (d) "Computer system" means a set of related, connected or

 

unconnected, computer equipment, devices, software, or hardware.

 

     (e) "Internet" means that term as defined in section 230 of


 

title II of the communications act of 1934, 47 USC 230, and

 

includes voice over internet protocol services.

 

     (8) (7) This section does not prohibit a person from being

 

charged with, convicted of, or punished for any other violation of

 

law committed by that person while violating or attempting to

 

violate this section.

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