EAVESDROPPING ON MINOR CHILD BY PARENT                                                S.B. 463:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 463 (as reported without amendment)

Sponsor:  Senator Peter J. Lucido

Committee:  Judiciary and Public Safety

CONTENT

The bill would amend Chapter 82 (Telegraph and Telephone) of the Michigan Penal Code to allow eavesdropping not otherwise prohibited by law by a custodial parent, foster parent, or guardian of a minor child on that minor child during a private conversation to which the minor child was a participant, subject to certain restrictions.

Specifically, under the bill, Sections 539a to 539f would not prohibit eavesdropping not otherwise prohibited by law by a custodial parent, foster parent, or guardian of a minor child on that minor child during a private conversation to which the minor child was a participant. However, eavesdropping permitted by this provision would not extend to a private conversation with any of the following:

-- The minor child's attorney or guardian ad litem.

-- A child custody investigator or peace officer.

-- The other custodial parent, unless there was a good-faith, objectively reasonable basis for believing that eavesdropping was necessary to protect the well-being or safety of the minor child.

(Sections 539a to 539f prohibit a person from engaging in certain conduct with respect to eavesdropping, including trespassing for the purpose of eavesdropping, divulging information acquired through eavesdropping, and possession of a device used for eavesdropping.)

MCL 750.539g                                                       Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  3-9-20                                                     Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.