SB-0325, As Passed House, May 25, 2010
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 325
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by amending the title, as amended by 2005 PA
105, and by adding section 539l.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to revise, consolidate, codify, and add to the statutes
relating to crimes; to define crimes and prescribe the penalties
and remedies; to provide for restitution under certain
circumstances; to provide for the competency of evidence at the
trial of persons accused of crime; to provide immunity from
prosecution
for certain witnesses appearing at such criminal
trials; to provide for liability for damages; and to repeal certain
acts and parts of acts inconsistent with or contravening any of the
provisions of this act.
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.
Senate Bill No. 325 (H-11) as amended May 25, 2010
(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.
(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
Senate Bill No. 325 (H-11) as amended May 25, 2010
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 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.2950,
600.2950a, and 600.2950h, or under section 6b of chapter V or
section 3(2)(o) of chapter XI of the code of criminal procedure,
Senate Bill No. 325 (H-11) as amended May 25, 2010
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.
Enacting section 1. This amendatory act takes effect August 1,
2010.