July 16, 2014, Introduced by Rep. McMillin and referred to the Committee on Criminal Justice.
A bill to create the surveillance device act; to create the
surveillance device oversight board; to prescribe the powers and
duties of the surveillance device oversight board; and to require
certain reports by police agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"surveillance device act".
Sec. 2. As used in this act:
(a) "Board" means the surveillance device oversight board
created in section 3.
(b) "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.
Sec. 3. (1) The surveillance device oversight board is created
within the department of state police.
(2) The board shall consist of the following members:
(a) The director of the department of state police or his or
her designated representative from within the department of state
police.
(b) One individual appointed by the senate majority leader who
is not and has not been a police officer, who represents the
interests of the public.
(c) One individual appointed by the speaker of the house of
representatives who is not and has not been a police officer, who
represents the interests of the public.
(d) One individual appointed by the governor who is a county
prosecuting attorney.
(e) One individual appointed by the governor who is a criminal
defense attorney.
(f) One individual appointed by the governor from a list of at
least 5 individuals nominated by the board of directors of the
Michigan chapter of the American civil liberties union.
(3) The members first appointed to the board shall be
appointed within 90 days after the effective date of this act.
(4) Appointed members of the board shall serve for terms of 4
years or until a successor is appointed, whichever is later, except
that, of the members first appointed, 1 shall serve for 1 year, 2
shall serve for 2 years, and 2 shall serve for 3 years.
(5) If a vacancy occurs on the board, an appointment shall be
made for the unexpired term in the same manner as the original
appointment.
(6) The governor may remove a member of the board for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause. The governor may
also remove a member of the board for failing to receive or
maintain the proper security clearances necessary to receive
information regarding surveillance devices provided by the federal
government to law enforcement agencies in this state.
(7) The first meeting of the board shall be called by the
director of the department of state police. At the first meeting,
the board shall elect from among its members a chairperson and
other officers as it considers necessary or appropriate. After the
first meeting, the board shall meet at least quarterly, or more
frequently at the call of the chairperson or if requested by a
majority or more members.
(8) A majority of the members of the board constitute a quorum
for the transaction of business at a meeting of the board. A
majority of the members present and serving are required for
official action of the board.
(9) The business that the board may perform shall be conducted
at a public meeting of the board held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275. However, the board
may close a meeting or any portion of a meeting to the public for
purposes of obtaining or reviewing information or questioning any
individual regarding matters that are subject to security
requirements under federal law.
(10) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(11) Members of the board shall serve without compensation.
However, members of the board may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the board.
(12) The board shall do all of the following:
(a) Review and analyze surveillance technology for purposes of
regulating the distribution to, possession of, and use of that
technology by police agencies and police officers in this state.
(b) Promulgate rules regarding the distribution to, possession
of, and use of surveillance technology by police agencies and
police officers in this state.
(13) The board may restrict or prohibit the continued use of
surveillance devices by a police agency or a police officer if,
after providing written notice to the police agency or police
officer and providing that police agency or police officer with an
opportunity to be heard, the board determines that the police
agency or police officer has used a surveillance device in
violation of any state or federal law or a rule promulgated by the
board under this act.
(14) Each police agency that possesses or uses any
surveillance device shall, on a monthly basis, report all of the
following information to the board in the manner required by the
board:
(a) The type and number of surveillance devices possessed or
used by the agency or used by a police officer employed by that
agency.
(b) The dates of use of those devices.
(c) The reasons for using those devices.
(d) Whether the use of those devices contributed to any person
being charged with or convicted of a violation of local, state, or
federal law.
(15) The board may administer oaths, issue subpoenas, and
examine the books and records of any police agency or police
officer that is subject to the requirements of this act for
purposes of this act. Any person who neglects or refuses to obey a
subpoena issued by the board, who refuses to be sworn or to
testify, or who fails upon the demand of the board to produce any
paper, book, or document regarding any matter under investigation
by the board is guilty of contempt and may be punished by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(16) The board shall submit annual reports of its findings
under subsection (12)(a) with the senate standing committee on
government operations and the house of representatives standing
committee on oversight. Each report under this subsection shall be
submitted not later than February 1 of the year following the year
for which the report is required. Each report submitted under this
subsection shall be presented in 1 or more meetings that are closed
to the public. The report and all information disclosed in those
meetings, including any supporting documentation, is confidential,
is not subject to disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to
any other person except committee members. A person who discloses
information to another person in violation of this subsection is
guilty of a misdemeanor punishable by 1 of the following:
(a) Imprisonment under the jurisdiction of the department of
corrections for not more than 5 years.
(b) Imprisonment in a county jail for not more than 1 year or
a fine of not more than $1,000.00, or both.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.