Bill Text: MI HJRC | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Criminal procedure; warrants; search and seizure protections; expand to include electronic communications and seizures. Amends sec. 11, art. I of the state constitution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-05-18 - Referred To Committee On Government Operations [HJRC Detail]

Download: Michigan-2017-HJRC-Engrossed.html

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HJR-C, As Passed House, May 17, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE JOINT RESOLUTION C

 

 

January 31, 2017, Introduced by Reps. Runestad, Hughes, Howrylak, Hernandez, Vaupel, Johnson, Kelly, Lucido, Canfield, Graves, Robinson and Frederick and referred to the Committee on Law and Justice.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 11 of article I, to

 

require the government to obtain a search warrant in order to

 

access a person's electronic data or electronic communication.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to require the government to obtain a search

 

warrant in order to access a person's electronic data or electronic

 

communication, is proposed, agreed to, and submitted to the people

 

of the state:

 

ARTICLE I

 

     Sec. 11. The person, houses, papers, and possessions, and

 

electronic data and electronic communications of every person shall

 

be secure from unreasonable searches and seizures. No warrant to

 

search any place or to seize any person or things or to access

 

electronic data or electronic communications shall issue without

 

describing them, nor, without probable cause, supported by oath or

 

affirmation. The provisions of this section shall not be construed

 

to bar from evidence in any criminal proceeding any narcotic drug,

 

firearm, bomb, explosive or any other dangerous weapon, seized by a

 

peace officer outside the curtilage of any dwelling house in this

 

state.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.