SB-0374, As Passed Senate, June 18, 2013

SUBSTITUTE FOR

SENATE BILL NO. 374

A bill to create the student safety act; to provide for

confidential reports of potential harm or criminal activities

directed at school students, school employees, and schools; to

establish a hotline for filing those reports; to create the student

safety fund and to provide for contributions to and expenditures

from that fund; to prescribe the powers and duties of certain state

officials and departments; to provide for procedures for the

release of certain confidential information; and to prescribe

penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"student safety act".

Sec. 2. As used in this act:

(a) "Department" means the department of the attorney general.

(b) "Fund" means the student safety fund created in section 6.

other means of communication, or a combination of a toll-free

telephone number and another means of communication, that transmits

voice, text, photographic, and other messages and information to

the department of state police, including information forwarded to

the department of state police through the departmental website

described in section 3(2) and information forwarded to the

department of state police through a vendor described in section 7.

(d) "School" means a public, private, denominational, or

parochial school offering developmental kindergarten, kindergarten,

or any grade from 1 through 12, regardless of whether school is in

session. School includes all school property.

(e) "School employee" means a full-time or part-time employee

of a school, school district, or intermediate school district,

including a school administrator, a volunteer with a school, school

district, or intermediate school district, or any other person who

provides services to a school, school district, or intermediate

school district while he or she is on school property. A person

described in this subdivision is considered a school employee

regardless of whether school is in session.

(f) "School property" means a building, playing field, or

property used for school purposes to impart instruction to school

students or used for school purposes, functions, and events,

regardless of whether school is in session. School property

includes a school bus as that term is defined in section 57 of the

Michigan vehicle code, 1949 PA 300, MCL 257.57.

(g) "School student" means a person who is enrolled as a

student in a school regardless of whether school is in session.

Sec. 3. (1) The department, in consultation with the

department of state police and the department of education, shall,

to the extent that funds are appropriated for the purpose,

establish a program for receiving reports and other information

from the public regarding potential harm or criminal acts directed

at school students, school employees, or schools in this state. The

department shall establish the program through a written memorandum

of understanding with the department of state police. The

memorandum of understanding shall establish the operation of the

program within the guidelines of this act and shall contain

provisions necessary to ensure that the department has access to

the information needed to meet the reporting requirements of

section 8.

(2) The program described in subsection (1) shall include a

hotline for receiving reports and information described in

subsection (1). The hotline shall be available for use 24 hours a

day, 365 days a year. The department may provide promotional

information regarding the program on its departmental website.

(3) The department shall be responsible for the continued

operational and administrative oversight of the program. The

program shall provide for a means to review all information

submitted through the hotline and to direct those reports and that

information, including any analysis of the potential threat as

determined appropriate by the department or the department of state

police, to local law enforcement officials and school officials.

The program shall include a means by which responses at the local

level are determined and evaluated for effectiveness. The

department shall ensure that appropriate training is provided to

program personnel in crisis management and other matters relevant

to the administration and operation of the program.

(4) A report or other information submitted to the hotline is

considered to be a report to the department of state police and

shall be maintained as an official record of the department of

state police, subject to the confidentiality requirements of this

act.

Sec. 4. (1) Any report or information submitted to the hotline

under section 3 is confidential, shall not be released except as

otherwise provided in this act, and is not subject to disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

(2) Any report or information submitted to the hotline and

forwarded by the department of state police under this act to a

local law enforcement official or to a school official, or that is

received by a vendor under contract with the department under

section 7, is confidential, shall not be released except as

otherwise provided in this act, and is not subject to disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

(3) Information regarding a report or information submitted to

the hotline under section 3, including any identifying information,

may be disclosed only as follows:

(a) By any of the following as necessary for purposes of this

act and as necessary to address reports and information received

under this act:

(i) The department, the department of state police, or a vendor

described in section 7, and their employees acting in the course of

their duties.

(ii) By local law enforcement agencies and schools, and their

employees acting in the course of their duties. However, this

subparagraph does not allow the disclosure of information that

would identify the person who submitted the report or information

to the hotline under section 3.

(b) With the permission of the person or, if the person is a

minor, with the permission of the minor and his or her parents or

guardians.

(4) A person who intentionally discloses information to

another person in violation of subsection (1) or (2) is guilty of a

misdemeanor punishable by imprisonment for not more than 90 days or

a fine of not more than $500.00, or both.

Sec. 5. (1) A person who is charged with a criminal offense as

a result of a report or information filed under section 3 may

petition the court for disclosure of the report or information,

including any identifying information, as provided in this

subsection. The county prosecuting attorney and the attorney

general shall be notified of the petition not less than 7 days

before the hearing on the petition, or as otherwise provided by the

court, and have the right to appear in the proceedings to oppose

the petition. If a petition is filed under this subsection, the

court may conduct a hearing on the petition. If a hearing is

conducted, it shall be conducted in chambers outside of the

presence of the petitioner. If the court determines that the report

or information, including any identifying information, is relevant

to the criminal proceedings and is essential to the fair trial of

the person, the court may order the disclosure of that report or

information, including any identifying information, as determined

appropriate by the court. The court may place restrictions on the

release and use of the report or information, including any

identifying information, obtained under this subsection or may

redact material as it considers appropriate. Material reviewed by

the court that is not ordered released or that is redacted shall be

maintained by the court under seal for purposes of appeal only.

(2) If a county prosecuting attorney has reason to believe

that a report or other information provided under section 3 was

falsely provided to the department of state police through the

hotline operated by the department of state police under section 3,

the county prosecuting attorney may petition the court to disclose

the report or information, including any identifying information.

The attorney general shall be notified of the petition not less

than 7 days before the hearing on the petition, or as otherwise

provided by the court, and has the right to appear in the

proceedings to oppose the petition. If the court determines that

there is reason to believe that the report or information may have

been falsely provided, the court may order the disclosure of the

report or information, including any identifying information, as

determined appropriate by the court. The court may place

restrictions on the release and use of the report or information,

including any identifying information, obtained under this

subsection or may redact material as it considers appropriate.

Material reviewed by the court that is not ordered released or that

is redacted shall be maintained by the court under seal for

purposes of appeal only.

(3) The attorney general may also appear in any other action

to oppose the release of any report or information obtained under

section 3, including any identifying information.

Sec. 6. (1) The student safety fund is created within the

state treasury.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the fund for

auditing purposes.

(5) The department may expend money from the fund, upon

appropriation, only for 1 or more of the following purposes:

(a) To pay the costs of the department for administering this

act.

(b) To pay the costs of the department of state police for

operating the hotline under section 3.

(d) To promote public awareness of the program, including the

availability of the hotline and the website operated by the

department.

Sec. 7. The department may enter into contracts to secure

services that contribute to the effectiveness of the program

established under this act. Any contract shall require the vendor

to be bound by the requirements of this act, including its

confidentiality provisions.

Sec. 8. The department, in consultation with the department of

state police and the department of education, shall prepare an

annual report under this act. The report shall be filed not later

than July 31 of the year in which the report is due. Copies of the

report shall be filed with the governor, the secretary of the

senate, the clerk of the house of representatives, the clerk of the

senate standing committee on appropriations, and the clerk of the

house standing committee on appropriations. The report shall also

be maintained on the department's website. The report shall contain

all of the following information:

(a) The number of reports and other information reported to

the hotline under this act.

(b) The number of reports and information reported to the

hotline that are forwarded to local law enforcement officials and

school officials.

hotline in categories established by the department.

(d) The responses to the reports and information reported to

the hotline at the local level in categories established by the

department.

(e) The source of all funds deposited in the student safety

fund.

(f) The itemized costs and expenditures incurred by the

department in implementing this act.

(g) The itemized costs and expenditures incurred by the

department of state police in implementing this act.

(h) The contributions of, and the costs and expenditures

incurred by, any vendor with whom the department enters into a

contract under section 7.

(i) An analysis of the overall effectiveness of the program in

addressing potential harm or criminal acts directed at schools,

school employees, and school students.