INVOL. STATEMENT BY LAW OFFICER; MODIFY S.B. 1100:

SUMMARY OF INTRODUCED BILL

IN COMMITTEE

 

 

 

 

 

 

Senate Bill 1100 (as introduced 11-13-24)

Sponsor: Senator Ed McBroom

Committee: Civil Rights, Judiciary, and Public Safety

 

Date Completed: 12-3-24

 


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 made by a law enforcement officer compelled under the threat of sanction or dismissal.

 

The bill would take effect 90 days after its enactment.

 

Under the Act, an involuntary statement made by a law enforcement officer, or any information derived from that statement, cannot be used against that officer in a criminal proceeding. Involuntary statements are generally confidential, except if the officer provides written consent for the statement's disclosure or for disclosure to certain individuals in a court proceeding and upon subpoena.

 

"Involuntary statement" means information provided by a law enforcement officer, if compelled under threat of dismissal from employment or any other employment sanction, by the law enforcement agency that employs the law enforcement officer. The bill specifies that the term would not include a law enforcement officer knowingly and intentionally providing false information under the circumstances described above.

 

"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 the State.

 

"Law enforcement officer" means a person who is trained and licensed or certified under the Michigan Commission on Law Enforcement Standards Act, any person employed by a county sheriff in a local correctional facility as a corrections officer or that person's supervisor or administrator, and an emergency dispatch worker employed by a law enforcement agency.

 

MCL 15.391 Legislative Analyst: Eleni Lionas

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

Fiscal Analyst: Bruce R. Baker

Michael Siracuse

 

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.