SB-0647, As Passed Senate, December 5, 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.