INVOL. STATEMENT BY LAW OFFICER; MODIFY S.B. 1100 (S-1):

SUMMARY OF BILL

REPORTED FROM COMMITTEE

 

 

 

 

 

 

Senate Bill 1100 (Substitute S-1 as reported)

Sponsor: Senator Ed McBroom

Committee: Civil Rights, Judiciary, and Public Safety

 


CONTENT

 

The bill would amend Public Act 563 of 2006, which restricts the use and disclosure of involuntary statements made by law enforcement officers, to specify that an "involuntary statement" would not include intentionally false or misleading information concerning a material fact made by a law enforcement officer compelled under the threat of sanction or dismissal.

 

The bill would take effect 90 days after its enactment.

 

MCL 15.391

 

BRIEF RATIONALE

 

The Michigan Supreme Court ruled that false or inaccurate information compelled under threat of sanction cannot be used against a law enforcement officer in subsequent criminal proceedings.[1] According to testimony before the Senate Committee on Civil Rights, Judiciary, and Public Safety, the ruling applies to false statements made by officers as well. Some believe that an involuntary statement should not include intentionally false or misleading information, and so the change has been suggested.

 

Legislative Analyst: Eleni Lionas

 

FISCAL IMPACT

 

The bill would have no impact on State or local governments.

 

Date Completed: 12-9-24 Fiscal Analyst: Bruce R. Baker

 

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

 



[1]People v Hughes, 306 Mich Appeals 116 (2014) & People v Harris, 497 Mich 958 (2015).