September 20, 2007, Introduced by Reps. Constan, Condino, Vagnozzi, Virgil Smith, Robert Jones, Clack and Gonzales and referred to the Committee on Judiciary.
A bill to amend 1966 PA 189, entitled
"An act to provide procedures for making complaints for, obtaining,
executing and returning search warrants; and to repeal certain acts
and parts of acts,"
(MCL 780.651 to 780.659) by adding section 2b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2b. The following conditions apply to the application for
and the issuance of a warrant under this act for the electronic
interception or electronic recording of a communication made by any
individual:
(a) Subject to subdivisions (b) and (c), the agency or
department requesting issuance of the warrant may submit its
application to any district or municipal court judge having
jurisdiction, and that district or municipal court judge may
authorize the issuance of the warrant in the manner provided in
this act.
(b) If the individual is known by the agency or department
requesting issuance of the warrant to be the subject of an
investigation in a criminal case pending before the district court
or a municipal court having jurisdictional authority to issue the
warrant, that agency or department shall submit its application for
the warrant only to the district or municipal court judge assigned
to that case or, if a judge has not been assigned to the case, the
chief judge of that district or municipal court. Only the district
or municipal court judge assigned to the criminal case or, if a
judge has not been assigned to the case, the chief judge of that
district or municipal court shall issue a warrant for the request
submitted under this subdivision.
(c) If the individual is known by the agency or department
requesting issuance of the warrant to be the subject of an
investigation in a criminal case pending before the circuit court
having jurisdictional authority to issue the warrant, that agency
or department shall submit its application for the warrant only to
the circuit court judge assigned to that case or, if a judge has
not been assigned to the case, the chief judge of that circuit
court. Only the circuit court judge assigned to the criminal case
or, if a judge has not been assigned to the case, the chief judge
of that circuit court shall issue a warrant for the request
submitted under this subdivision.