Bill Text: MI HB6081 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Law enforcement; investigations; procedure for criminal investigation of law enforcement officers; provide reform. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-12-09 - Printed Bill Filed 12/05/2014 [HB6081 Detail]
Download: Michigan-2013-HB6081-Introduced.html
HOUSE BILL No. 6081
December 4, 2014, Introduced by Reps. McMillin and Robinson and referred to the Committee on Criminal Justice.
A bill to require the investigation of crimes alleged to have
been committed by law enforcement officers; and to provide for the
powers and duties of certain state and local governmental officers
and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "law
enforcement integrity act".
Sec. 3. As used in this act:
(a) "Law enforcement agency" means a county sheriff's
department or a police agency of a state university or college or a
city, village, or township. Law enforcement agency does not include
the department of state police.
(b) "Law enforcement officer" means that term as defined in
section 2 of the commission on law enforcement standards act, 1965
PA 203, MCL 28.602.
(c) "Prosecuting attorney" means that term as defined in
section 1 of chapter I of the code of criminal procedure, 1927 PA
175, MCL 761.1.
Sec. 5. (1) Subject to subsection (2), a law enforcement
agency in this state that receives information about the possible
commission of a crime within the agency's jurisdiction by a law
enforcement officer shall investigate the allegations as required
by this act.
(2) If the law enforcement officer described in subsection (1)
is employed by the law enforcement agency described in subsection
(1), the law enforcement agency shall not investigate the
allegations. The law enforcement agency shall forward all of the
information that it possesses about the possible commission of the
crime to the department of state police, and the department of
state police shall investigate the allegations as required by this
act.
(3) If a law enforcement agency that conducts an investigation
under subsection (1) determines that the facts give rise to a
reasonable suspicion that the crime was committed by the law
enforcement officer, the agency shall forward all of the
information that it possesses about the possible commission of the
crime and the agency's conclusions to the department of state
police.
Sec. 7. On receipt of information under section 5(2) or (3),
the department of state police shall conduct an investigation of
the allegations. If the department of state police determines that
the facts give rise to a reasonable suspicion that the crime was
committed by the law enforcement officer, the department of state
police shall do all of the following:
(a) Forward all of the information about the possible
commission of the crime and the department of state police's
conclusions to the appropriate prosecuting attorney.
(b) Send a report of the suspected criminal activity to the
Michigan commission on law enforcement standards.
(c) On a quarterly basis until the investigation is closed or
any criminal prosecution or disciplinary proceedings are concluded,
prepare a report on the status of any charges against the law
enforcement officer and forward the report to the Michigan
commission on law enforcement standards.
Sec. 9. The Michigan commission on law enforcement standards
shall keep reports received under this act on file for at least as
long as the law enforcement officer is certified under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616.
