SB-0647, As Passed House, December 14, 2006

SUBSTITUTE FOR

SENATE BILL NO. 647

     A bill to restrict the use and disclosure of certain

statements made by law enforcement officers.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Involuntary statement" means information provided by a

law enforcement officer, if compelled under threat of dismissal

from employment or any other employment sanction, by the law

enforcement agency that employs the law enforcement officer.

     (b) "Law enforcement agency" means the department of state

police, the department of natural resources, or a law enforcement

agency of a county, township, city, village, airport authority,

community college, or university, that is responsible for the

prevention and detection of crime and enforcement of the criminal

laws of this state.

     (c) "Law enforcement officer" means all of the following:

     (i) A person who is trained and certified under the commission

on law enforcement standards act, 1965 PA 203, MCL 28.601 to

28.616.

     (ii) A local corrections officer as defined in section 2 of the

local corrections officers training act, 2003 PA 125, MCL 791.532.

     (iii) An emergency dispatch worker employed by a law enforcement

agency.

     Sec. 3. An involuntary statement made by a law enforcement

officer, and any information derived from that involuntary

statement, shall not be used against the law enforcement officer in

a criminal proceeding.

     Sec. 5. An involuntary statement made by a law enforcement

officer is a confidential communication that is not open to public

inspection. The statement may be disclosed by the law enforcement

agency only under 1 or more of the following circumstances:

     (a) With the written consent of the law enforcement officer

who made the statement.

     (b) To a prosecuting attorney or the attorney general pursuant

to a search warrant, subpoena, or court order, including an

investigative subpoena issued under chapter VIIA of the code of

criminal procedure, 1927 PA 175, MCL 767a.1 to 767a.9. However, a

prosecuting attorney or attorney general who obtains an involuntary

statement under this subdivision shall not disclose the contents of

the statement except to a law enforcement agency working with the

prosecuting attorney or attorney general or as ordered by the court

having jurisdiction over the criminal matter or, as

Senate Bill No. 647 as amended December 5, 2006

constitutionally required, to the defendant in a criminal case.

     (c) To officers of, or legal counsel for, the law enforcement

agency or the collective bargaining representative of the law

enforcement officer, or both, for use in an administrative or legal

proceeding involving a law enforcement officer's employment status

with the law enforcement agency or to defend the law enforcement

agency or law enforcement officer in a criminal action. However, a

person who receives an involuntary statement under this subdivision

shall not disclose the statement for any reason not allowed under

this subdivision, or make it available for public inspection,

without the written consent of the law enforcement officer who made

the statement.

     (d) To legal counsel for an individual or employing agency for

use in a civil action against the employing agency or the law

enforcement officer. Until the close of discovery in that action,

the court shall preserve <<by reasonable means>> the confidentiality of

the involuntary

statement <<by reasonable means>>, which may include granting

protective orders in connection with discovery proceedings, holding

in camera hearings, or ordering any person involved in the

litigation not to disclose the involuntary statement without prior

court approval.