Bill Text: MI HB4721 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; investigations; police officers, hospitals or medical personnel complying with federal request to collect information on individual's immigration status; prohibit. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-13 - Bill Electronically Reproduced 06/08/2017 [HB4721 Detail]
Download: Michigan-2017-HB4721-Introduced.html
HOUSE BILL No. 4721
June 8, 2017, Introduced by Reps. Wittenberg, Hammoud, LaGrand, Love, Neeley, Geiss, Chang, Gay-Dagnogo, Peterson, Rabhi, Cochran, Sabo, Howrylak, Byrd, Moss, Sowerby, Green, Phelps and Jones and referred to the Committee on Law and Justice.
A bill to create the immigration status inquiry and
information collection act; and to prohibit certain inquiries,
information collection, and the provision of information by certain
individuals.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"immigration status inquiry and information collection act".
Sec. 2. As used in this act:
(a) "Citizenship" means the status of an individual under
custom or law as being or not being a legal member of a sovereign
state.
(b) "Employee of a health facility or agency" means an
employee of a health facility or agency licensed under article 17
of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) "Federal immigration authority" means any officer,
employee, or person otherwise paid by or acting as an agent of
United States Immigration and Customs Enforcement or United States
Customs and Border Protection, or any division thereof, or any
other officer, employee, or person otherwise paid by or acting as
an agent of the United States Department of Homeland Security who
is charged with immigration enforcement.
(d) "Law enforcement officer" means that term as defined in
section 2 of the Michigan commission on law enforcement standards
act, 1965 PA 203, MCL 28.602.
(e) "Physician or other health professional" means an
individual who is licensed, registered, certified, or otherwise
authorized to engage in a health profession under article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 3. (1) Notwithstanding any other provision of law and
except as otherwise provided in this subsection, a law enforcement
officer, employee of a health facility or agency, or physician or
other health professional shall not inquire into the immigration or
citizenship status of an individual or citizen with whom he or she
comes into contact as a result of engaging in his or her duties as
a law enforcement officer, employee of a health facility or agency,
or physician or other health professional. A law enforcement
officer, employee of a health facility or agency, or physician or
other health professional may inquire into the immigration or
citizenship status of an individual with whom he or she comes into
contact as a result of engaging in his or her duties as a law
enforcement officer, employee of a health facility or agency, or
physician or other health professional if the inquiry relates to a
legitimate law enforcement purpose that is unrelated to the
enforcement of a civil immigration law, or is required by state or
federal law to verify the eligibility of an individual for a
benefit, service, or license.
(2) Notwithstanding any other provision of law, a law
enforcement officer shall not voluntarily release personally
identifiable data or information to a federal immigration authority
regarding an individual's release date, home address, or any other
information that may be used to ascertain an individual's religion,
ethnicity, or race, unless the release of the data or information
is for a legitimate law enforcement purpose unrelated to the
enforcement of a civil immigration law.
(3) Notwithstanding any other provision of law, an employee of
a health facility or agency or a physician or other health
professional who receives information regarding an individual's
immigration or citizenship status with whom he or she comes into
contact as a result of engaging in his or her duties as an employee
of a health facility or agency or a physician or other health
professional shall treat that information confidentially in the
same manner as an individual's personal and medical records as
provided in section 20201(2)(c) of the public health code, 1978 PA
368, MCL 333.20201.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
