Bill Text: MI HB5572 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement; investigations; search warrant to be obtained before use of surveillance devices to intercept mobile device information; require, and provide process. Amends title of 1966 PA 189 (MCL 780.651 - 780.659) & adds sec. 2b.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2020-03-03 - Bill Electronically Reproduced 03/03/2020 [HB5572 Detail]
Download: Michigan-2019-HB5572-Introduced.html
HOUSE BILL NO. 5572
February 27, 2020, Introduced by Reps. Steven
Johnson, Paquette, LaFave, Bellino, Berman and LaGrand and referred to the
Committee on Communications and Technology.
A bill to amend 1966 PA 189, entitled
"An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,"
(MCL 780.651 to 780.659) by amending the title and by adding section 2b.
the people of the state of michigan enact:
An act to provide procedures for making complaints for, obtaining, executing, and returning search warrants; to prohibit certain conduct related to warrants and prescribe penalties; and to repeal certain acts and parts of acts.
Sec. 2b. (1) An officer shall not use a surveillance device to track a mobile device or capture or collect a mobile device user's location, conversation, text message, web browser activity, or the unique identifier of a mobile device without first obtaining a search warrant under this act authorizing the use of that device for that purpose.
(2) An application for a warrant under this section shall contain a description of the capabilities of the surveillance device and the manner in which that surveillance device will be deployed.
(3) An officer who obtained data as described in subsection (1) shall notify every person by United States mail whose data was collected, intentionally or unintentionally, without being named in a warrant issued under this section not more than 30 days after obtaining that data. A notice mailed under this subsection must contain a description and disposition of the data that was collected.
(4) An officer who intentionally violates subsection (1), (2), or (3) is guilty of a crime as follows:
(a) For a first offense, the officer is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(b) For a second or subsequent offense, the officer is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(5) As used in this section, "surveillance device" means a device intended to be used by a person other than a telephone service provider to intercept any data or voice communications, including communications to or from cellular telephones or other mobile devices.
