January 8, 2014, Introduced by Reps. Irwin, McMillin, Santana, Robinson, Banks, Shirkey and Switalski and referred to the Committee on Criminal Justice.
A bill to regulate the use by law enforcement agencies of law
enforcement participants and informants who are less than 18 years
of age; and to provide for the issuance of injunctive orders and
payment of damages under certain circumstances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Informant" means an individual who is used by a law
enforcement agency to provide information about any other person
for purposes of investigating a violation of law that is a crime or
a state civil infraction. Informant does not include an individual
who reports a crime or a state civil infraction to a law
enforcement agency on his or her own volition unless the law
enforcement agency recontacts that individual in order to require
or allow that individual to obtain additional information about
that crime or state civil infraction or any other crime or state
civil infraction beyond that which he or she has at the time of
that subsequent contact.
(b) "Juvenile" means an individual less than 18 years of age.
(c) "Law enforcement agency" means 1 or more of the following:
(i) The department of state police.
(ii) The police department of a city, village, or township.
(iii) A county sheriff and the sheriff department.
(iv) The police department of a community college, college, or
university.
(v) The police department of a hospital.
(vi) The law enforcement division of the department of natural
resources.
(vii) The law enforcement division of the department of
environmental quality.
(viii) An employee, volunteer, or contractual service provider
acting on behalf of an entity described in subparagraphs (i) to
(vii).
(d) "Law enforcement participant" means an individual, other
than a police officer, who is used by a law enforcement agency to
directly participate in an action to do either of the following:
(i) Prevent a crime or a state civil infraction from taking
place.
(ii) Enforce a law, the violation of which is designated to be
a crime or a state civil infraction.
Sec. 2. A law enforcement agency shall not use a juvenile as a
law enforcement participant or an informant without first obtaining
the written consent of a parent or legal guardian of the juvenile.
This subsection does not apply if the juvenile is emancipated.
Sec. 3. If a law enforcement agency uses an individual as a
law enforcement participant or an informant without first complying
with the requirements of section 2, any parent or legal guardian of
that individual may obtain an order in the circuit court in which
the parent or legal guardian resides or in which the individual
resides prohibiting the law enforcement agency from using that
individual as a law enforcement participant or an informant until
the requirements of section 2 are met. If a parent or legal
guardian obtains an order prohibiting the law enforcement agency
from using the individual as a law enforcement participant or an
informant until the requirements of section 2 are met, the court
shall order the law enforcement agency to pay the actual costs and
attorney fees of the parent or legal guardian in obtaining the
order and to pay additional damages to the parent or legal guardian
of not less than $500.00 or more than $1,000.00.