SB-0325, As Passed Senate, January 27, 2010

 

 

 

 

 

 

 

 

 

 

 

 

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 adding section 539l.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 539l. (1) A person who does either 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.

 

     (2) Subsection (1) does not apply to any of the following:

 

     (a) The use of any device that provides vehicle tracking only

 

for purposes of providing mechanical, operational, directional,

 

navigation, weather, or traffic information to the operator of the

 

vehicle.

 

     (b) The 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 use of any device only for providing missing vehicle

 

assistance for the benefit of the owner of the vehicle.

 

     (d) The use of any device only 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 use of any device or service that provides the

 

occupants of the vehicle with clear notice that the vehicle may be

 

tracked.

 

     (f) A police officer while performing his or her duties as a

 

police officer.

 

     (g) A person licensed under the professional investigator

 

licensure act, 1965 PA 285, MCL 338.821 to 338.851, or an employee

 

of a person licensed under that act, while performing his or her

 

duties as a professional investigator or employee of a professional

 

investigator. This exemption does not apply if the professional


 

investigator or employee is working on behalf of a person who is

 

the subject of an order issued by a court for the protection of

 

another person, the professional investigator or employee knows of

 

the existence of the order or fails to use due diligence in

 

determining whether the order exists, and the services of the

 

professional investigator or employee are to provide information to

 

the person who is the subject of the order about the location of

 

any other person named in the order.

 

     (h) 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.

 

     (3) As used in this section:

 

     (a) "Motor vehicle" means that term as defined in section 412.

 

     (b) "Tracking device" means any electronic device that is

 

designed or intended to be used to track the location of a motor

 

vehicle on a street or highway of this state regardless of whether

 

that information is recorded.