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.

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