June 28, 2005, Introduced by Senator SANBORN and referred to the Committee on Judiciary.
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 a statement made by a law
enforcement officer in response to a question by the law
enforcement agency by which he or she is employed, if both of the
following apply:
(i) The law enforcement officer is explicitly ordered to answer
the question under threat of dismissal from employment or other
employment sanction.
(ii) By complying with the order, the law enforcement officer
is being required to waive the constitutional privilege against
self-incrimination.
(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 a person who is trained
and certified under the commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.616.
Sec. 3. An involuntary statement made by a law enforcement
officer, and any information derived directly or indirectly 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
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 or record of the
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.