HOUSE BILL No. 5710

 

July 16, 2014, Introduced by Rep. McMillin and referred to the Committee on Criminal Justice.

 

     A bill to amend 1966 PA 189, entitled

 

"An act to provide procedures for making complaints for, obtaining,

executing and returning search warrants; and to repeal certain acts

and parts of acts,"

 

(MCL 780.651 to 780.659) by adding section 2b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2b. (1) A person shall not use a surveillance device to

 

track a mobile device or capture or collect a mobile device user's

 

location, conversation, text message, web browser activity, or the

 

unique identifier of a mobile device without first obtaining a

 

search warrant under this act authorizing the use of that device

 

for that purpose.

 

     (2) An application for a warrant under this section shall

 

contain a description of the capabilities of the surveillance

 


device and the manner in which that surveillance device will be

 

deployed.

 

     (3) A person who obtained data as described in subsection (1)

 

shall notify every person by United States mail whose data was

 

collected, intentionally or unintentionally, without being named in

 

a warrant issued under this section not more than 30 days after

 

obtaining that data. A notice mailed under this subsection shall

 

contain a description and disposition of the data that was

 

collected.

 

     (4) An individual who intentionally violates this section is

 

guilty of a crime as follows:

 

     (a) For a first offense, the individual is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

 

     (b) For a second or subsequent offense, the individual is

 

guilty of a felony punishable by imprisonment for not more than 4

 

years or a fine of not more than $2,000.00, or both.

 

     (5) As used in this section, "surveillance device" means a

 

device intended to be used by a person other than a telephone

 

service provider to intercept any data or voice communications,

 

including communications to or from cellular telephones or other

 

mobile devices.