November 29, 2005, Introduced by Senators KUIPERS, STAMAS, GILBERT, JELINEK, ALLEN, GARCIA, BROWN, SANBORN and GOSCHKA and referred to the Committee on Transportation.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 5b to chapter VII.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VII
Sec. 5b. (1) Information obtained from an event data recorder
installed in a motor vehicle is privileged, is not subject to
discovery, and shall not be introduced as evidence in a criminal
prosecution unless 1 of the following applies:
(a) The privilege is waived by the person operating the motor
vehicle.
(b) The court determines on the record that the information
was lawfully obtained pursuant to a search warrant and that the
information is subject to being discovered or introduced as
evidence under the rules of court.
(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.