Constitutional Amendment on Electronic Data Considered by House Leadership

The House Criminal Justice Committee reported House Joint Resolution N, a resolution that would add electronic data and communications to the Michigan Constitution’s ban against unreasonable government search and seizure. After a unanimous vote in committee, enactment of the resolution requires a two-thirds passage in both the House of Representatives and the Senate, as well as passage by the Michigan public in November of 2016.

Spokesperson for House Speaker Kevin Cotter (R-Mount Pleasant), Gideon D’Assandro, said that the rarity and importance of considering constitutional amendments means that more consideration must be given before a vote of the full House. According to the spokesperson for the House Democrats, Rosie Jones, it is still too soon for a caucus opinion on the resolution, as it must be carefully considered.

The Resolution is still in the early stages of the process, but has already received vocal support and opposition from outside groups. Amy Dehner, the legislative liaison for the Michigan State Police, stated that the resolution is unnecessary as her understanding of the language in Article 1 already covers electronic data and communications. She said that the reason for the Department’s opposition is the broad language included in the resolution, which could lead to confusion in the application of the amendment. The American Civil Liberties Union of Michigan is among those supportive of the measure, while the Attorney General’s office is still in the process of reviewing the proposal.

posted by PAA Online , Friday, June 5, 2015 10:53 AM
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