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.




     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




     (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




     (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.