HOUSE BILL No. 4958
June 14, 2001, Introduced by Rep. Sanborn and referred to the Committee on Criminal Justice. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 7 to chapter III. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER III 2 SEC. 7. (1) A LAW ENFORCEMENT OFFICIAL SHALL NOT QUESTION 3 AN INDIVIDUAL WHO IS IN CUSTODY REGARDING HIS OR HER ALLEGED 4 INVOLVEMENT IN THE COMMISSION OF A VIOLATION DESCRIBED IN SUBSEC- 5 TION (2) UNLESS THE QUESTIONING SESSION IS RECORDED BOTH VISUALLY 6 AND AUDIBLY IN ITS ENTIRETY. 7 (2) SUBSECTION (1) APPLIES TO ALL OF THE FOLLOWING 8 VIOLATIONS: 9 (A) A VIOLATION OF SECTION 316, 317, 349, 349A, 350, 520B, 10 520C, 520D, 520E, OR 520G OF THE MICHIGAN PENAL CODE, 1931 PA 04231'01 TVD 2 1 328, MCL 750.316, 750.317, 750.349, 750.349A, 750.350, 750.520B, 2 750.520C, 750.520D, 750.520E, AND 750.520G. 3 (B) A VIOLATION DESCRIBED IN SUBDIVISION (A) IF COMMITTED BY 4 A JUVENILE. 5 (3) AS USED IN THIS SECTION: 6 (A) "LAW ENFORCEMENT OFFICIAL" MEANS ANY OF THE FOLLOWING: 7 (i) A PEACE OFFICER. 8 (ii) THE ATTORNEY GENERAL OR HIS OR HER ASSISTANT, A COUNTY 9 PROSECUTING ATTORNEY OR HIS OR HER ASSISTANT, OR AN ATTORNEY REP- 10 RESENTING A POLITICAL SUBDIVISION OF THIS STATE OR HIS OR HER 11 ASSISTANT. 12 (iii) A PERSON ACTING UPON THE DIRECTION OF AN INDIVIDUAL 13 DESCRIBED IN SUBPARAGRAPH (i) OR (ii). 14 (B) "PEACE OFFICER" MEANS ANY OF THE FOLLOWING: 15 (i) A POLICE OFFICER OF THIS STATE OR A POLITICAL SUBDIVI- 16 SION OF THIS STATE. 17 (ii) A COUNTY SHERIFF OR HIS OR HER DEPUTY. 18 (iii) A PUBLIC SAFETY OFFICER OF A COLLEGE OR UNIVERSITY. 19 (iv) A CONSERVATION OFFICER OF THE DEPARTMENT OF NATURAL 20 RESOURCES OR THE DEPARTMENT OF ENVIRONMENTAL QUALITY. 21 (4) A STATEMENT OBTAINED IN VIOLATION OF THIS SECTION OR 22 EVIDENCE OBTAINED AS A RESULT OF THAT STATEMENT SHALL NOT BE 23 EXCLUDED AS EVIDENCE IN A CRIMINAL PROCEEDING SOLELY BECAUSE IT 24 WAS OBTAINED IN VIOLATION OF THIS SECTION. 04231'01 Final page. TVD