November 5, 2008, Introduced by Senators BASHAM, WHITMER, PRUSI, CLARK-COLEMAN, THOMAS, KUIPERS, STAMAS, GARCIA, JELINEK, JANSEN, BIRKHOLZ, HARDIMAN, BRATER, SCOTT, GILBERT, SCHAUER and ANDERSON 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) 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.
(b) Tracks the movements of a motor vehicle with a tracking
device without the knowledge and consent of either the owner or the
operator of that 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 or for providing
emergency assistance to the operator or passengers of the vehicle
through a subscription service, including any trial period of that
subscription service.
(b) A police officer while performing his or her duties as a
police officer.
(c) 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.
(3) As used in this section, "tracking device" means any
electronic device that is designed or intended to be used to track
the movements of a motor vehicle on a street or highway of this
state regardless of whether that information is recorded.