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
(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