Bill Text: MI HB4891 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Civil rights; privacy; parental eavesdropping; allow under certain circumstances. Amends sec. 539g of 1931 PA 328 (MCL 750.539g).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-04-17 - Referred To Committee On Families, Seniors And Human Services [HB4891 Detail]
Download: Michigan-2017-HB4891-Engrossed.html
HB-4891, As Passed House, April 12, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4891
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 539g (MCL 750.539g), as amended by 1993 PA 227.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 539g. Sections 539a to 539f do not prohibit any of the
following:
(a) Eavesdropping or surveillance not otherwise prohibited by
law by a peace officer of this state or of the federal government,
or the officer's agent, while in the performance of the officer's
duties.
(b) Hearing a communication transmitted by common carrier
facilities by an employee of a communications common carrier when
acting in the course of his or her employment.
(c) The recording by a public utility of telephone
communications to it requesting service or registering a complaint
by a customer, if a record of the communications is required for
legitimate business purposes and the agents, servants, and
employees of the public utility are aware of the practice or
surveillance by an employee safeguarding property owned by, or in
custody of, his or her employer on his or her employer's property.
(d) The routine monitoring, including recording, by employees
of the department of corrections of telephone communications on
telephones available for use by prisoners in state correctional
facilities, if the monitoring is conducted in the manner prescribed
by
section 70 of Act No. 232 of the Public Acts of 1953, being
section
791.270 of the Michigan Compiled Laws, the corrections code
of 1953, 1953 PA 232, MCL 791.270, and rules promulgated under that
section.
(e) Eavesdropping not otherwise prohibited by law by the
custodial parent, foster parent, or guardian of a minor child on
that minor child during a private conversation to which the minor
child is a participant. However, eavesdropping permitted by this
subdivision does not extend to a private conversation with any of
the following:
(i) The minor child's attorney or guardian ad litem.
(ii) A child custody investigator or peace officer.
(iii) The other custodial parent, unless there is a good-
faith, objectively reasonable basis for believing that
eavesdropping is necessary to protect the well-being or safety of
the minor child.