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MI HB5636

Bill

Status

Introduced

5/10/2016

Primary Sponsor

Peter Lucido

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Origin

House of Representatives

98th Legislature

AI Summary

  • Allows judges and magistrates to issue search warrants electronically (by facsimile or computer network) if the applicant is orally sworn and signs the affidavit electronically.

  • Makes search warrant affidavits nonpublic for 56 days after issuance; becomes public on day 56 unless a suppression order is obtained to protect ongoing investigations or victim/witness privacy.

  • Requires governmental entities to obtain a warrant before compelling service providers to produce electronic communication information or accessing electronic device information from non-owners.

  • Permits warrantless access to electronic device information only with consent of the authorized possessor, for lost/stolen devices with owner consent, in emergencies involving imminent danger, or for lost/stolen/abandoned devices to identify the owner.

  • Requires notification to warrant targets within 7 days; allows courts to delay notification up to 90 days (renewable) if required information could jeopardize investigations, and mandates unrelated information be sealed unless a court order permits review.

Legislative Description

Criminal procedure; warrants; electronic communication information; require warrant to obtain. Amends sec. 1 of 1966 PA 189 (MCL 780.651) & adds sec. 1a.

Criminal procedure: warrants

Last Action

Bill Electronically Reproduced 05/10/2016

5/11/2016

Committee Referrals

Judiciary5/10/2016

Full Bill Text

No bill text available