SENATE BILL No. 905

 

 

November 29, 2005, Introduced by Senators GILBERT, STAMAS, KUIPERS, JELINEK, ALLEN, GARCIA, BROWN, SANBORN and GOSCHKA and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2170.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2170. (1) Data from an event data recorder shall not be

 

obtained by discovery and are not admissible into evidence in a

 

civil action, unless the person operating the motor vehicle

 

equipped with the event data recorder waives the privilege created

 

by this section.

 

     (2) As used in this section:

 

     (a) "Event data recorder" means that term as defined in

 

section 682c of the Michigan vehicle code, 1949 PA 300, MCL

 

257.682c.


 

     (b) "Operating" means that term as defined in section 35a of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.35a.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No. 902                                    

 

          of the 93rd Legislature is enacted into law.