SENATE BILL No. 1285

 

 

May 6, 2008, Introduced by Senators BASHAM, ANDERSON, GARCIA, KUIPERS, BIRKHOLZ, HARDIMAN, JANSEN, JELINEK, GILBERT, CLARK-COLEMAN, SCOTT, SCHAUER, PRUSI, WHITMER, BRATER, THOMAS and STAMAS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 682c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 682c. (1) A person shall not do either of the following:

 

     (a) Install or place a tracking device in or on a motor

 

vehicle without the knowledge and consent of the owner of that

 

motor vehicle.

 

     (b) Track the movements of a motor vehicle with a tracking

 

device without the knowledge and consent of the 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 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 private detective licensing

 

act, 1965 PA 285, MCL 338.821 to 338.851, while performing his or

 

her duties as a private detective or private investigator.

 

     (3) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

 

     (4) 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.