June 12, 2014, Introduced by Senators JONES and JOHNSON and referred to the Committee on Judiciary.
A bill to create the sexual assault evidence kit tracking and
reporting act; to require the tracking and reporting of sexual
assault evidence kit information; to create the sexual assault
evidence kit tracking and reporting commission; to prescribe the
powers and duties of the sexual assault evidence kit tracking and
reporting commission; to create a database of information to track
and report sexual assault evidence kit information; and to
prescribe the powers and duties of certain state departments and
officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Commission" means the sexual assault evidence kit
tracking and reporting commission created in section 2.
(b) "Sexual assault evidence kit" means that term as defined
in section 21527 of the public health code, 1978 PA 368, MCL
333.21527.
Sec. 2. (1) The sexual assault evidence kit tracking and
reporting commission is created within the domestic violence
prevention and treatment board created under section 2 of 1978 PA
389, MCL 400.1502. The commission shall consist of the following
members:
(a) The director of the department of state police or his or
her designated representative from within the department of state
police.
(b) The attorney general or his or her designated
representative from within the department of attorney general.
(c) A county prosecuting attorney appointed by the governor or
his or her designated representative from within the county
prosecuting attorney's office.
(d) The chief of police of a village, city, or township police
department appointed by the governor or his or her designated
representative from within the police department of that village,
city, or township.
(e) A county sheriff appointed by the governor or his or her
designated representative from within that county sheriff's office.
(f) One individual appointed by the governor who is a member
of the domestic violence prevention and treatment board created
under section 2 of 1978 PA 389, MCL 400.1502.
(g) One individual appointed by the governor who is a member
of the Michigan coalition to end domestic and sexual violence.
(h) One individual representing the interests of hospitals
appointed by the governor.
(i) One individual appointed by the governor who is an
employee of the executive office of the governor.
(j) One individual appointed by the governor who represents
the Michigan commission on law enforcement standards created under
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616.
(k) One individual appointed by the senate majority leader who
is a state senator from the majority party within the state senate.
(l) One individual appointed by the senate minority leader who
is a state senator from the minority party within the state senate.
(m) One individual appointed by the speaker of the house of
representatives who is a state representative from the majority
party within the state house of representatives.
(n) One individual appointed by the minority leader of the
house of representatives who is a state representative from the
minority party within the state house of representatives.
(2) The members first appointed to the commission under
subsection 1(c) to (n) shall be appointed within 90 days after the
effective date of this act.
(3) Members of the commission shall serve for terms of 4 years
or until a successor is appointed, whichever is later, except that
of the members first appointed under subsection (1)(c) to (n), 4
shall serve for 1 year, 4 shall serve for 2 years, and 4 shall
serve for 3 years.
(4) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(5) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(6) The first meeting of the commission shall be called by the
director of the department of state police or his or her designated
representative. At the first meeting, the commission shall elect
from among its members a chairperson and other officers as it
considers necessary or appropriate. After the first meeting, the
commission shall meet at least quarterly, or more frequently at the
call of the chairperson or if requested by 6 or more members.
(7) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(8) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(9) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(10) Members of the commission shall serve without
compensation. However, members of the commission may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the commission.
(11) The commission shall do all of the following by June 1,
2017:
(a) Develop and implement a uniform system to track
information obtained from the administration of sexual assault
evidence kits in this state. Information obtained by the commission
under this subdivision may be entered into the sexual assault
evidence kit information database created in section 3, as directed
by the commission.
(b) Develop and implement a uniform system to audit the proper
submission of assault evidence kit information to be provided under
this act for purposes of subdivision (a).
(c) Identify and secure public and private funding to
implement the requirements of this act.
Sec. 3. (1) The department of state police shall develop a
database of information regarding the administration and storage of
sexual assault evidence kits as directed by the commission under
section 2.
(2) Information in the database described in subsection (1) is
confidential and shall not be disclosed to any person except as
determined by the commission for purposes of this act only.
Information submitted to the department of state police for
inclusion in the database described in subsection (1), and
information in the database, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.