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.