LANSING – A bill that would require a wireless phone company to provide location information from a person’s wireless device to a police officer upon request in certain emergency situations was unanimously approved Tuesday by the Michigan House Criminal Justice Committee.
HB 4006 also provides civil and criminal immunity to a wireless carrier that responds to the request and makes it a misdemeanor for the police officer to obtain device location information for personal use or gain. The committee unanimously adopted an amendment, sponsored by Rep. Todd Courser (R-Silverwood) that would require the officer’s supervisor to participate in the request for information.
However, the committee rejected three other amendments from Mr. Courser on votes of 1-6 with one abstention.
The bill would allow a police officer to request the location of the device if there was an imminent risk of death or serious physical harm to the user of the device.
The bill is modeled after similar legislation in other states named for Kelsey Smith, a young woman from Missouri who was abducted and slain. Her cell phone carrier took several days, despite multiple requests, to release information on the location of her phone. Police found Ms. Smith’s body one hour after the company released the location information.
JUDICIAL DISCRETION AN ISSUE IN NEW YOUTH TRAINEE BILLS: Bills that would broaden eligibility for youthful offenders to have their crimes expunged from their records under the Holmes Youthful Trainee Act are back for another try after dying in the Senate last term.
HB 4069 would broaden the program’s eligibility to include 21-23 year olds, HB 4135 requires the revocation of trainee status if the person in the program committed certain crimes and HB 4169 would prohibit judges from sentencing someone in the program to prison.
The Michigan Judges Association indicated opposition to the legislation, insofar as it would curb judicial discretion.
