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MI HB4931

Bill

Status

Introduced

8/28/2013

Primary Sponsor

Kurt Heise

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

HB 4931 Summary

  • Establishes the "Criminal Communications Intercept Act" authorizing law enforcement to intercept wire, oral, and electronic communications with court orders for specified offenses: gang-related activity, human trafficking, and conspiracy/attempt of these crimes.

  • Requires prosecutors to apply to judges of competent jurisdiction for interception orders; county prosecutors must obtain attorney general approval within 7 days; sets initial 30-day authorization period with maximum 2 extensions of 30 days each.

  • Mandates application include detailed factual basis, statement that normal investigative procedures failed or are unlikely to succeed, identified targets, facilities to be intercepted, and estimated costs; requires weekly progress reports to issuing judge.

  • Makes unauthorized interception a felony punishable by up to 4 years imprisonment or $5,000 fine; establishes civil liability with minimum $1,000 per day damages, exemplary damages, and attorney fees for violations.

  • Requires sealed recordings and applications maintained for 10 years; mandates inventory notice to intercepted parties within 90 days; allows suppression of unlawfully intercepted communications and provides defendant right to inspect application and order at least 21 days before trial.

Legislative Description

Crimes; surveillance; wiretapping; allow in certain circumstances and prescribe procedures, penalties, and remedies. Creates new act.

Law enforcement, investigations

Last Action

Printed Bill Filed 08/28/2013

9/3/2013

Committee Referrals

Criminal Justice8/28/2013

Full Bill Text

No bill text available