Bill Text: MI HB4857 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Law enforcement; reports; reporting requirements relating to SWAT teams; establish. Creates new act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-05-24 - Recommendation Concurred In [HB4857 Detail]
Download: Michigan-2011-HB4857-Introduced.html
HOUSE BILL No. 4857
June 30, 2011, Introduced by Reps. McMillin, Durhal and Nathan and referred to the Committee on Judiciary.
A bill to require reporting of the activities of certain law
enforcement units; and to prescribe certain powers and duties of
certain state departments, agencies, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "SWAT
team reporting act".
Sec. 2. As used in this act:
(a) "Law enforcement agency" means the department of state
police or a law enforcement agency of a county, township, city, or
village that is responsible for the prevention and detection of
crime and enforcement of the criminal laws of this state.
(b) "Law enforcement officer" means any person who, in an
official capacity, is authorized by law to make arrests and who is
an employee of a law enforcement agency.
(c) "SWAT team" means a special unit composed of 2 or more law
enforcement officers within a law enforcement agency, commonly
known as a special weapons and tactics team, trained to deal with
unusually dangerous or violent situations and having special
equipment and weapons, such as rifles more powerful than those
carried by regular police officers.
Sec. 3. Beginning January 1, 2012, and every 6 months after
that date, any law enforcement agency that maintains a SWAT team
shall report all of the following information to the office of the
attorney general using the format developed under section 4:
(a) The number of times the SWAT team was activated and
deployed by the law enforcement agency in the previous 6 months.
(b) Without identifying an exact address, the approximate
location within or outside of the jurisdiction of the law
enforcement agency to which the SWAT team was deployed, including
the name of the county and the city, village, or township, and the
zip code.
(c) The reason for each activation and deployment of the SWAT
team.
(d) The legal authority, including type of warrant, if any,
for each activation and deployment of the SWAT team.
(e) The result of each activation and deployment of the SWAT
team, including all of the following:
(i) The number of arrests made, if any.
(ii) The type of evidence seized, and whether property was
seized.
(iii) Whether a forcible entry was made.
(iv) Whether a weapon was discharged by a SWAT team member.
(v) Whether a person or domestic animal was injured or killed
by a SWAT team member.
Sec. 4. The Michigan commission on law enforcement standards,
in consultation with the department of attorney general, shall
develop a standardized format that each law enforcement agency
shall use in reporting data to the department of attorney general
under section 3.
Sec. 5. A law enforcement agency that is subject to section 3
shall do all of the following:
(a) Compile the data described in section 3 for each 6–month
period as a report in the format required under section 4.
(b) Not later than the fifteenth day of the month following
the end of each 6–month period that is the subject of the report,
submit copies of the report to the department of attorney general
and to the local governing body of the jurisdiction served by the
law enforcement agency that employs the SWAT team.
Sec. 6. (1) The department of attorney general shall analyze
and summarize the monthly reports of law enforcement agencies
submitted under section 5.
(2) Not later than September 1 of each year, the department of
attorney general shall submit a report of the analyses and
summaries of the reports of law enforcement agencies described in
subsection (1) to the governor, the secretary of the senate, the
clerk of the house of representatives, and each law enforcement
agency whose activities are addressed in the report.
Sec. 7. If a law enforcement agency fails to comply with the
reporting provisions of this act, the department of attorney
general shall report the noncompliance to the Michigan commission
on law enforcement standards. Upon receipt of a report of
noncompliance, the Michigan commission on law enforcement standards
shall contact the law enforcement agency and request that the
agency comply with the required reporting provisions. If the law
enforcement agency fails to comply with the request of the Michigan
commission on law enforcement standards within 30 days, the
department of attorney general and the Michigan commission on law
enforcement standards jointly shall report the noncompliance to the
governor and the secretary of the senate and the clerk of the house
of representatives.
