September 18, 2007, Introduced by Senator SWITALSKI and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 539l.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 539l. (1) This state or a local unit of government of this
state shall not electronically surveil the conduct or conversation
of any person for the purpose of conducting an investigation except
pursuant to a lawfully issued search warrant or, if provided by
law, an order issued by the court.
(2) A person shall not, on behalf of any entity of this state
or a local unit of government of this state, electronically surveil
the conduct or conversation of any person for the purpose of
conducting an investigation except pursuant to a lawfully issued
search warrant or, if provided by law, an order issued by the
court.
(3) A person who electronically surveils the conduct or
conversation of another person in violation of this section knowing
or having reason to know that a warrant or other order has not been
issued to conduct that surveillance is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(4) As used in this section:
(a) "Electronically surveil" means to intercept, track, or
record a person's conduct or conversation without the consent of
that person.
(b) "Investigation" means a pattern of inquiry or observation
conducted for the primary purpose of obtaining information about or
from a specified person.