March 28, 2017, Introduced by Reps. Howrylak, Lucido, Robinson, Marino, LaGrand, Kahle, Runestad, Chang, Johnson, Glenn, Dianda, Hernandez, Pagan, Victory and Inman and referred to the Committee on Judiciary.
A bill to prohibit this state and certain other governmental
agents, employees, and entities in this state from assisting a
federal agency in obtaining certain forms of data without a
warrant; and to prohibit certain uses of certain data collected
without a warrant.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Fourth Amendment rights protection act".
Sec. 2. This state or a political subdivision of this state
shall not assist, participate with, or provide material support or
resources to a federal agency to enable it to collect or to
facilitate in the collection or use of a person's electronic data
or metadata, unless 1 or more of the following circumstances apply:
(a) The person has given informed consent.
(b) The action is pursuant to a warrant that is based upon
probable cause and particularly describes the person, place, or
thing to be searched or seized.
(c) The action is in accordance with a legally recognized
exception to warrant requirements.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.