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.