HOUSE BILL No. 4959


     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:

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                                 CHAPTER III

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           SEC. 7.  (1) A LAW ENFORCEMENT OFFICIAL SHALL NOT QUESTION

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      AN INDIVIDUAL WHO IS IN CUSTODY REGARDING HIS OR HER ALLEGED

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      INVOLVEMENT IN THE COMMISSION OF A FELONY UNLESS THE QUESTIONING

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      SESSION IS RECORDED BOTH VISUALLY AND AUDIBLY IN ITS ENTIRETY.

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           (2) AS USED IN THIS SECTION:

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           (A) "FELONY" MEANS A CRIME THAT IS PUNISHABLE BY IMPRISON-

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      MENT FOR MORE THAN 1 YEAR OR THAT IS DESIGNATED BY LAW TO BE A

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      FELONY AND INCLUDES THOSE VIOLATIONS IF COMMITTED BY A JUVENILE.

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           (B) "LAW ENFORCEMENT OFFICIAL" MEANS ANY OF THE FOLLOWING:




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           (i) A PEACE OFFICER.

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           (ii) THE ATTORNEY GENERAL OR HIS OR HER ASSISTANT, A COUNTY

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      PROSECUTING ATTORNEY OR HIS OR HER ASSISTANT, OR AN ATTORNEY REP-

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      RESENTING A POLITICAL SUBDIVISION OF THIS STATE OR HIS OR HER

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      ASSISTANT.

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           (iii) A PERSON ACTING UPON THE DIRECTION OF AN INDIVIDUAL

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      DESCRIBED IN SUBPARAGRAPH (i) OR (ii).

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           (C) "PEACE OFFICER" MEANS ANY OF THE FOLLOWING:

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           (i) A POLICE OFFICER OF THIS STATE OR A POLITICAL SUBDIVI-

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      SION OF THIS STATE.

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           (ii) A COUNTY SHERIFF OR HIS OR HER DEPUTY.

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           (iii) A PUBLIC SAFETY OFFICER OF A COLLEGE OR UNIVERSITY.

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           (iv) A CONSERVATION OFFICER OF THE DEPARTMENT OF NATURAL

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      RESOURCES OR THE DEPARTMENT OF ENVIRONMENTAL QUALITY.

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           (3) A STATEMENT OBTAINED IN VIOLATION OF THIS SECTION OR

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      EVIDENCE OBTAINED AS A RESULT OF THAT STATEMENT SHALL NOT BE

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      EXCLUDED AS EVIDENCE IN A CRIMINAL PROCEEDING SOLELY BECAUSE IT

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      WAS OBTAINED IN VIOLATION OF THIS SECTION.





















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