Bill Text: MI HB5716 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Criminal procedure: arrests; required removal of religious head coverings for police photographs; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 25c to ch. IV.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2024-12-18 - Referred To Committee On Government Operations [HB5716 Detail]
Download: Michigan-2023-HB5716-Engrossed.html
Substitute For
HOUSE BILL NO. 5716
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 25c to chapter IV.
the people of the state of michigan enact:
Sec. 25c. (1) Subject to subsection (4), if an individual who is wearing religious garb that covers the individual's hair in whole or in part, head, face, ears, or neck is arrested and is being taken into custody, and the individual requests an accommodation, based on a sincerely held religious belief, from the arresting law enforcement officer regarding removal of the religious garb in front of a law enforcement officer or any other individual of the opposite sex, the arresting law enforcement officer shall immediately attempt to reach a law enforcement officer or law enforcement staff member of the same sex to be present while the individual removes the individual's religious garb. Subject to subsection (4), if the removal of the religious garb in a nonprivate location would violate the individual's religious beliefs, the individual's booking photographs must be taken by a law enforcement officer or law enforcement staff member of the same sex as the arrested individual and in a location where only the law enforcement officer or law enforcement staff member taking the booking photographs may see the individual.
(2) Subject to subsection (4), if subsection (1) applies, the law enforcement officer or law enforcement staff member of the same sex shall conduct the removal of any religious garb in an area that is as private as is practical under the circumstances, taking all steps reasonably necessary to ensure that individuals of the opposite sex of the individual being arrested are not present during the removal.
(3) If subsection (1) applies, the following conditions apply to the taking of a law enforcement booking photograph of an individual who is arrested while wearing religious garb that covers the individual's hair in whole or in part, head, neck, ears, or face:
(a) Subject to subsection (4), an officer or staff member of the same sex as the arrested individual shall take the booking photographs as follows:
(i) For an individual who is wearing religious garb that covers only the individual's hair in whole or in part, head, neck, or ears and not the individual's face, the officer shall take 2 photographs, front and profile, with the religious garb on. These photographs must be conducted without the removal of any religious garb that covers the individual's hair in whole or in part, head, neck, or ears, unless on visual inspection by the law enforcement officer or law enforcement staff member, an identifying mark or characteristic exists that would not be visible with the religious garb on. If an identifying mark or characteristic exists, the law enforcement officer or law enforcement staff member shall separately take photographs of that mark or characteristic.
(ii) Except as provided in subparagraph (iii), for an individual who is wearing religious garb that covers both the individual's face and the individual's hair in whole or in part, head, neck, or ears, the law enforcement officer or law enforcement staff member shall take 2 photographs, front and profile, with the religious garb on, and 2 photographs, front and profile, removing only the piece of religious garb that covers the individual's face. The photographs that require the removal of the religious garb that covers the individual's face must be conducted without the removal of any hair, head, neck, or ear covering, unless on visual inspection by the law enforcement officer or law enforcement staff member, an identifying mark or characteristics exists that would not be visible with the religious garb on. If an identifying mark or characteristic exists, the law enforcement officer or law enforcement staff member shall separately take photographs of that mark or characteristic.
(iii) If all of the following circumstances apply with respect to an individual who is wearing religious garb that covers both the individual's face and the individual's hair in whole or in part, head, neck, or ears who is being booked into a county jail, the individual may have a front and profile booking photograph taken in which the individual's face, neck, hair, head, and ears are exposed:
(A) The individual is under arrest for a felony.
(B) The individual is going to be lodged in a county jail.
(C) The county sheriff's office performing the booking of the individual has a written policy requiring photographs be taken as provided under this subparagraph.
(b) Any photographs taken under subdivision (a) that include the arrested individual without some or all of the individual's religious garb are confidential, must not be made public, and are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) All reasonable efforts must be made to ensure that a law enforcement officer or law enforcement staff member of the same sex undertakes searches incident to arrest and the taking of booking photographs under this section. However, if reasonable efforts have been made and a law enforcement officer or law enforcement staff member of the same sex cannot be made available or if the particular circumstances present a danger to the safety of a law enforcement officer, law enforcement staff member, or the arrested individual, the requirement that a law enforcement officer or law enforcement staff member of the same sex perform these duties does not apply.
(5) If an individual wearing religious garb is to be released immediately, the individual may retain the individual's own religious garb. If an individual wearing religious garb is not released immediately, the individual must be provided replacement religious garb in a reasonable time frame. Religious garb provided under this subsection must be designed in a manner that it covers the individual's hair and complies with the rules and restrictions of the jail, lockup, or other holding facility to which the individual is being sent or in which the individual will be housed.
(6) A booking photograph taken in violation of this section must be destroyed and retaken in compliance with this section.
(7) As used in this section:
(a) "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. Law enforcement officer also includes a local corrections officer.
(b) "Law enforcement staff member" means an individual employed by or under contract with a law enforcement agency who is not a law enforcement officer.
(c) "Local corrections officer" means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.
