Bill Text: MI SB0601 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; warrants; request by prosecutor to use wiretapping or electronic monitoring device; allow. Amends sec. 539d of 1931 PA 328 (MCL 750.539d). TIE BAR WITH: SB 0600'13
Spectrum: Moderate Partisan Bill (Republican 19-3)
Status: (Introduced - Dead) 2013-10-03 - Referred To Committee On Families, Seniors And Human Services [SB0601 Detail]
Download: Michigan-2013-SB0601-Introduced.html
SENATE BILL No. 601
October 3, 2013, Introduced by Senators JONES, BIEDA, HOPGOOD, ANANICH, PROOS, ROBERTSON, PAPPAGEORGE, MARLEAU, CASPERSON, MOOLENAAR, BRANDENBURG, ROCCA, MEEKHOF, JANSEN, CASWELL, HANSEN, BOOHER, COLBECK, HILDENBRAND, RICHARDVILLE, KAHN and EMMONS and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 539d (MCL 750.539d), as amended by 2004 PA 156.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 539d. (1) Except as otherwise provided in this section, a
person shall not do either of the following:
(a) Install, place, or use in any private place, without the
consent of the person or persons entitled to privacy in that place,
any device for observing, recording, transmitting, photographing,
or eavesdropping upon the sounds or events in that place.
(b) Distribute, disseminate, or transmit for access by any
other person a recording, photograph, or visual image the person
knows or has reason to know was obtained in violation of this
section.
(2)
This section does not prohibit security either of the
following:
(a) Security monitoring in a residence if conducted by or at
the direction of the owner or principal occupant of that residence
unless conducted for a lewd or lascivious purpose.
(b) Conduct described in subsection (1) performed by a person
engaged in his or her official duties pursuant to a search warrant
issued under section 1a of 1966 PA 189, MCL 780.1a.
(3) A person who violates or attempts to violate this section
is guilty of a crime as follows:
(a) For a violation or attempted violation of subsection
(1)(a):
(i) Except as provided in subparagraph (ii), the person is
guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not more than $2,000.00, or both.
(ii) If the person was previously convicted of violating or
attempting to violate this section, the person is guilty of a
felony punishable by imprisonment for not more than 5 years or a
fine of not more than $5,000.00, or both.
(b) For a violation or attempted violation of subsection
(1)(b), the person is guilty of a felony punishable by imprisonment
for not more than 5 years or a fine of not more than $5,000.00, or
both.
(4) 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
subsection (1)(a) or (b).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 600
of the 97th Legislature is enacted into law.
