Bill Text: MI SB1200 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Law enforcement: reports; student safety act; provide oversight authority to state police. Amends secs. 2, 3, 4, 5, 6, 7 & 8 of 2013 PA 183 (MCL 752.912 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0401'20 With Immediate Effect [SB1200 Detail]
Download: Michigan-2019-SB1200-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senator
Barrett
ENROLLED SENATE BILL No. 1200
AN ACT to amend 2013 PA 183, entitled “An act to create the student safety act; to provide for confidential reports of potential harm or criminal activities directed at school students, school employees, and schools; to establish a hotline for filing those reports; to create the student safety fund and to provide for contributions to and expenditures from that fund; to prescribe the powers and duties of certain state officials and departments; to provide for procedures for the release of certain confidential information; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 2, 3, 4, 5, 6, 7, and 8 (MCL 752.912, 752.913, 752.914, 752.915, 752.916, 752.917, and 752.918), section 3 as amended by 2018 PA 670.
The People of the State of Michigan enact:
(a) “Department”
means the department of state police.
(b) “Fund” means
the student safety fund created in section 7.
(c) “Hotline”
means a statewide toll-free telephone number or other means of communication,
or a combination of a toll-free telephone number and another means of
communication, that transmits voice, text, photographic, and other messages and
information to the department through the departmental website described in
section 3(2).
(d) “School”
means a public, private, denominational, or parochial school offering
developmental kindergarten, kindergarten, or any grade from 1 through 12,
regardless of whether school is in session. School includes all school
property.
(e) “School
employee” means a full-time or part-time employee of a school, school district,
or intermediate school district, including a school administrator, a volunteer
with a school, school district, or intermediate school district, or any other individual
who
provides services to a school, school district, or intermediate school district
while he or she is on school property. An individual described in this
subdivision is considered a school employee regardless of whether school is in
session.
(f) “School
property” means a building, playing field, or property used for school purposes
to impart instruction to school students or used for school purposes,
functions, and events, regardless of whether school is in session. School
property includes a school bus as that term is defined in section 57 of the
Michigan vehicle code, 1949 PA 300, MCL 257.57.
(g) “School
student” means an individual who is enrolled as a student in a school
regardless of whether school is in session.
Sec. 3. (1) The department, in consultation with the
department of health and human services and the department of education, shall, to the
extent that funds are appropriated for the purpose, establish a program for
receiving reports and other information from the public regarding potential
self-harm and potential harm or criminal acts, including, but not limited to,
sexual abuse, assault, or rape, directed at school students, school employees,
or schools in this state. The department shall establish the program within the
guidelines of this act. The department shall have access to the information
needed to meet the reporting requirements of section 8.
(2) The program described in subsection (1) must include a
hotline for receiving reports and information described in subsection (1). The
hotline must be available for use 24 hours a day, 365 days a year. The
department may provide promotional information regarding the program on its
departmental website.
(3) Beginning on the date that the hotline established under
this act is operational, all calls received by any existing state-run school
violence hotline in operation before the establishment of this act must be
directed to the hotline established under this act. Any existing state-run
school violence hotline in operation before December 13, 2013 must be
disconnected within 6 months after the hotline established under this act is
operational.
(4) The department is responsible for the continued
operational and administrative oversight of the program. The program must
provide for a means to review all information submitted through the hotline and
to direct those reports and that information, including any analysis of the
potential threat as determined appropriate by the department to local law
enforcement officials and school officials. The program must include a means by
which responses at the local level are determined and evaluated for
effectiveness. The department shall ensure that appropriate training is
provided to program personnel in all of the following areas:
(a) Crisis management, including recognizing mental illness
and emotional disturbance.
(b) The resources that are available in the community for
providing mental health treatment and other human services.
(c) Other matters determined by the department to be relevant
to the administration and operation of the program.
(5) A report or other information submitted to the hotline is
considered to be a report to a law enforcement agency and must be maintained as
a record by the department for at least 1
year, subject to the confidentiality requirements of this act.
(6) The department shall ensure that any hotline information
that suggests that a psychiatric emergency is taking place within a county is
immediately referred to the community mental health services program
psychiatric crisis line for that county.
(7) The department shall develop a source of information on
available community mental health resources and contacts, including mental
health services. The department shall notify schools and law enforcement of
this information source. The notice must include the departmental
recommendation that schools and law enforcement, on investigating a case and determining
that mental illness or emotional disturbance is or may be involved, utilize
this information in aiding subjects and their parents or guardians.
(8) At least biannually, the governing body of a school shall
provide to the department current emergency contact information for at least 1
school official to ensure that a school official is able to receive information
under subsection (4) at all times. If a governing body provides contact
information for more than 1 school official, the governing body shall specify
the days and times that each school official is available to receive
information under subsection (4).
Sec. 4. (1) Any report or information submitted to the
hotline under section 3 is confidential, must not be released except as otherwise
provided in this act, and is not subject to disclosure under the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246.
(2) Any report or information submitted to the hotline and forwarded under this act
to a law enforcement official or to a school official is confidential, must
not be
released except as otherwise provided in this act, and is not subject to
disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(3) A person who intentionally discloses information to
another person in violation of subsection (1) or (2) is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of not more than
$500.00, or both.
(4) If a report to the hotline does not result in a referral,
or the investigation of a subject results in a determination that no action
regarding that subject is warranted, the subject’s name must be expunged from
the records of all entities involved in the hotline program except as otherwise
provided by law.
Sec. 5. Information regarding a report or information
submitted to the hotline under section 3, including any identifying
information, may be disclosed as follows:
(a) By the department, law enforcement agencies, schools, and
community mental health service programs, and their employees acting in the
course of their duties. However, this subdivision does not allow the
disclosure of information that would identify the person who submitted the
report or information to the hotline under section 3. The disclosure
under this subdivision is necessary for purposes of this act and necessary to
address reports and information received under this act.
(b) With the permission
of the individual or, if the individual is a minor, with the permission of
the minor and his or her parents or guardians.
(c) Pursuant to a court
order issued under section 6.
Sec. 6. (1) A person who
is charged with a criminal offense as a result of a report or information filed
under section 3 may petition the court for disclosure of the report or
information, including any identifying information, as provided in this
subsection. The prosecuting attorney for the local unit of government having
jurisdiction and the attorney general shall be notified of the petition not
less than 7 days before the hearing on the petition, or as otherwise provided
by the court, and have the right to appear in the proceedings to oppose the
petition. If a petition is filed under this subsection, the court may conduct a
hearing on the petition. If a hearing is conducted, it must be conducted in chambers
outside of the presence of the petitioner. If the court determines that the
report or information, including any identifying information, is relevant to
the criminal proceedings and is essential to the fair trial of the person, the
court may order the disclosure of that report or information, including any
identifying information, as determined appropriate by the court. The court may
place restrictions on the release and use of the report or information,
including any identifying information, obtained under this subsection or may
redact material as it considers appropriate. Material reviewed by the court
that is not ordered released or that is redacted must be maintained by the
court under seal for purposes of appeal only.
(2) If the prosecuting
attorney for a local unit of government has reason to believe that a report or
other information provided under section 3 was falsely provided, that prosecuting
attorney may petition the court to disclose the report or information,
including any identifying information. The attorney general shall be notified
of the petition not less than 7 days before the hearing on the petition, or as
otherwise provided by the court, and has the right to appear in the proceedings
to oppose the petition. If the court determines that there is reason to believe
that the report or information may have been falsely provided, the court may
order the disclosure of the report or information, including any identifying
information, as determined appropriate by the court. The court may place
restrictions on the release and use of the report or information, including any
identifying information, obtained under this subsection or may redact material
as it considers appropriate. Material reviewed by the court that is not ordered
released or that is redacted must be maintained by the court under seal for purposes of appeal
only.
(3) The attorney general
may also appear in any other action to oppose the release of any report or
information obtained under section 3, including any identifying information.
Sec. 7. (1) The student
safety fund is created within the state treasury.
(2) The state treasurer
may receive money or other assets from any source for deposit into the fund.
The state treasurer shall credit to the fund interest and earnings from fund
investments.
(3) Money in the fund at
the close of the fiscal year must remain in the fund and must not lapse to the general
fund.
(4) The department shall
be the administrator of the fund for auditing purposes.
(5) The department may
expend money from the fund, on appropriation, only for 1 or more of the following purposes:
(a) To pay the costs of
the department for administering this act.
(b) To pay the costs of
operating the hotline under section 3.
(c) To promote public
awareness of the program, including the availability of the hotline and the
website operated by the department.
(6) Money must not be expended for any
promotion program that includes a reference to, or the image or voice of, an
elected official, appointed state employee, state employee governed by a senior
executive service limited term employment agreement, or a candidate for
elective office, that is targeted to a media market in this state.
Sec. 8. The department,
in consultation with the department of health and human services and the department of
education, shall prepare an annual report under this act. The report must
be filed
not later than July 31 of the year in which the report is due. Copies of the
report must be filed with the governor, the secretary of the senate, the
clerk of the house of representatives, the clerk of the senate standing
committee on appropriations, and the clerk of the house standing committee on
appropriations. The report must also be maintained on the department’s website. The report must
contain
all of the following information:
(a) The number of
reports and other information reported to the hotline under this act.
(b) The number of reports and information reported to the
hotline that are forwarded to local law enforcement officials and school
officials.
(c) The number of hotline reports resulting in referral to
mental health services.
(d) The nature of the reports and information reported to the
hotline in categories established by the department.
(e) The responses to the reports and information reported to
the hotline at the local level in categories established by the department.
(f) The source of all funds deposited in the student safety
fund.
(g) The itemized costs and expenditures incurred by the
department in implementing this act.
(h) An analysis of the
overall effectiveness of the program in addressing potential self-harm and potential
harm or criminal acts directed at schools, school employees, and school
students.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor