SB-1572, As Passed Senate, November 13, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1572

     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) A person who does either of the following is

guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $1,000.00, or both:

     (a) Installs or places a tracking device, or causes a tracking

device to be installed or placed, in or on a motor vehicle without

the knowledge and consent of the owner of that motor vehicle or, if

the motor vehicle is leased, the lessee of that motor vehicle.

     (b) Tracks the location of a motor vehicle with a tracking

device without the knowledge and consent of either the owner or the

authorized operator of that motor vehicle or, if the motor vehicle

is leased, either the lessee or the authorized operator of that

motor vehicle.

     (2) Subsection (1) does not apply to any of the following:

     (a) The use of any device that provides vehicle tracking only

for purposes of providing mechanical, directional, weather, or

traffic information to the operator of the vehicle.

     (b) The use of any device for providing emergency assistance

to the operator or passengers of the vehicle through a subscription

service, including any trial period of that subscription service.

     (c) The use of any device only for providing stolen vehicle

assistance for the benefit of the owner of the vehicle under the

terms and conditions of a subscription service, including any trial

period of the subscription service.

     (d) The use of any device only to provide diagnostic services

regarding the mechanical operation of a vehicle under the terms and

conditions of a subscription service, including any trial period of

the subscription service.

     (e) A police officer while performing his or her duties as a

police officer.

     (f) A person licensed under the professional investigator

licensure act, 1965 PA 285, MCL 338.821 to 338.851, while

performing his or her duties as a professional investigator.

     (g) A person lawfully performing his or her duties as a bail

agent as authorized under section 167b.

     (3) As used in this section, "tracking device" means any

electronic device that is designed or intended to be used to track

the location of a motor vehicle on a street or highway of this

state regardless of whether that information is recorded.