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MI HB4007
Bill
Status
1/15/2015
Primary Sponsor
Kurt Heise
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AI Summary
HB 4007 Summary
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Establishes the "Criminal Communications Intercept Act" authorizing law enforcement to intercept wire, oral, and electronic communications for gang-related activity (MCL 750.411u-v), human trafficking (MCL 750.462a-h), and attempts/conspiracies to commit these offenses, subject to court order.
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Requires prosecutors to obtain written applications from certified investigative or law enforcement officers, with attorney general approval for county prosecutors, and court orders from designated judges based on probable cause and exhaustion of alternative investigative procedures.
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Limits interception orders to 30 days maximum with up to 2 extensions of 30 days each; requires weekly progress reports to judges and mandates sealed recording and custody procedures with 10-year retention.
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Prohibits unauthorized interception, manufacture, or sale of interception devices; establishes penalties of up to 4 years imprisonment and $5,000 fines for violations; allows civil lawsuits with minimum damages of $1,000 per day plus exemplary damages and attorney fees.
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Requires judges to report all interception applications and results to the federal administrative office and state police; mandates attorney general report to legislature annually on interception activities including arrests, convictions, and suppression motions.
Legislative Description
Crimes; surveillance; wiretapping; allow in certain circumstances and prescribe procedures, penalties, and remedies. Creates new act.
Criminal procedure: search and seizure
Last Action
Printed Bill Filed 01/16/2015
1/20/2015