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.