Bill Text: MI SB0152 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Criminal procedure; evidence; electronic recording of certain custodial interrogation sessions; require under certain circumstances and revise procedures for determining admissibility as evidence. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 7, 8, 9, 10 & 11 to ch. III.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0479'12 [SB0152 Detail]
Download: Michigan-2011-SB0152-Engrossed.html
SB-0152, As Passed House, November 28, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 152
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding sections 7, 8, 9, 10, and 11 to
chapter III.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER III
Sec. 7. As used in this section and sections 8 to 10 of this
chapter:
(a) "Custodial detention" means an individual's being in a
place of detention because a law enforcement official has told the
individual that he or she is under arrest or because the
individual, under the totality of the circumstances, reasonably
could believe that he or she is under a law enforcement official's
control and is not free to leave.
(b) "Interrogation" means questioning in a criminal
investigation that may elicit a self-incriminating response from an
individual and includes a law enforcement official's words or
actions that the law enforcement official should know are
reasonably likely to elicit a self-incriminating response from the
individual.
(c) "Law enforcement official" means any of the following:
(i) A police officer of this state or a political subdivision
of this state as defined in section 2 of the commission on law
enforcement standards act, 1965 PA 203, MCL 28.602.
(ii) A county sheriff or his or her deputy.
(iii) A prosecuting attorney.
(iv) A public safety officer of a college or university.
(v) A conservation officer of the department of natural
resources and environment.
(vi) An individual acting under the direction of a law
enforcement official described in subparagraphs (i) to (v).
(d) "Major felony" means a felony punishable by imprisonment
for life, for life or any term of years, or for a statutory maximum
of 20 years or more, or a violation of section 520d of the Michigan
penal code, 1931 PA 328, MCL 750.520d.
(e) "Major felony recording" means the interrogation recording
required under section 8 of this chapter or a duplicate of that
recording.
(f) "Place of detention" means a police station, correctional
facility, or prisoner holding facility or another governmental
facility where an individual may be held in connection with a
criminal charge that has been or may be filed against the
individual.
Sec. 8. (1) This section applies if the law enforcement agency
has audiovisual recording equipment that is operational or
accessible as provided in section 11(3) or (4) or upon the
expiration of the relevant time periods set forth in section 11(3)
or (4), whichever occurs first.
(2) A law enforcement official interrogating an individual in
custodial detention regarding the individual's involvement in the
commission of a major felony shall make a time-stamped, audiovisual
recording of the entire interrogation. A major felony recording
shall include the law enforcement official's notification to the
individual of the individual's Miranda rights.
(3) An individual who believes the individual's interrogation
is being recorded may object to having the interrogation recorded.
The individual's objection shall be documented either by the
individual's objection stated on the recording or the individual's
signature on a document stating the objection. If the individual
refuses to document the objection either by recording or signature,
a law enforcement official shall document the objection by a
recording or signed document. A major felony recording may be made
without the consent or knowledge of, or despite the objection of,
the individual being interrogated.
(4) A major felony recording shall be produced using equipment
and procedures that are designed to prevent alteration of the
recording's audio or visual record.
(5) Pursuant to any request of discovery, the prosecutor shall
provide a copy of the recorded statement to the defense counsel of
Senate Bill No. 152 (H-3)as amended November 27, 2012
record or to the defendant if he or she is not represented by
defense counsel. The court shall not require the police or the
prosecutor to prepare or pay for a transcript of a recorded
statement. A court or the defense may have a transcript prepared at
its own expense.
(6) Prior to conviction or acquittal, a statement recorded
under this section is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 9. Any failure to record a statement [
] as required under section 8 of this chapter [OR TO
PRESERVE A RECRODED STATEMENT] does
not prevent any law enforcement official present during the taking
of the statement from testifying in court as to the circumstances
and content of the individual's statement if the court determines
that the statement is otherwise admissible. However, unless the
individual objected to having the interrogation recorded and that
objection was properly documented under section 8(3), the jury
shall be instructed that it is the law of this state to record
statements of an individual in custodial detention who is under
interrogation for a major felony and that the jury may consider the
absence of a recording in evaluating the evidence relating to the
individual's statement.
Sec. 10. A failure to comply with sections 8 and 9 of this
chapter does not create a civil cause of action against a
department or individual. The requirement in section 8 of this
chapter to produce a major felony recording is a directive to
departments and law enforcement officials and not a right conferred
on an individual who is interrogated.
Sec. 11. (1) The commission on law enforcement standards
created under section 3 of the commission on law enforcement
standards act, 1965 PA 203, MCL 28.603, shall set quality standards
for the audiovisual recording of statements under section 8 of this
chapter and standards for geographic accessibility of equipment in
the state. The commission shall also conduct an assessment of the
initial cost necessary for law enforcement agencies to purchase
audiovisual recording equipment. The first assessment shall be
conducted within 120 days after the effective date of the
amendatory act that added this section. The commission on law
enforcement standards shall conduct subsequent assessments
regarding the necessary costs of purchasing, upgrading, or
replacing the equipment every 2 years.
(2) The commission on law enforcement standards shall
recommend to the legislature each year an annual appropriation
amount to be determined by the commission's assessment performed
under this section. The legislature shall annually appropriate
funds to the commission on law enforcement standards for
distribution to law enforcement agencies throughout the state to
allow the agencies to purchase audiovisual recording equipment for
purposes of this chapter. Any funds appropriated for this purpose
shall be in addition to the appropriations provided to the
commission on law enforcement standards and the department of state
police in the immediately preceding fiscal year and shall not be
appropriated from the Michigan justice training fund created in
section 5 of 1982 PA 302, MCL 18.425, or the department of state
police budget.
Senate Bill No. 152 (H-3) as amended November 27, 2012
(3) Except as otherwise provided in subsection (4), law
enforcement agencies shall implement sections 7 to 10 of this
chapter and this section within 120 days after receiving funds
under this section from the commission on law enforcement standards
or acquiring access to audiovisual recording equipment as directed
by the standards set forth by that commission.
(4) Notwithstanding subsection (3), a law enforcement agency
shall comply with the provisions of the amendatory act that added
this subsection within 60 days after the date the commission adopts
the standards for audiovisual recording equipment required by this
section if the law enforcement agency has audiovisual recording
equipment that complies with those standards on that date, or
within 60 days after the date the law enforcement agency
subsequently obtains audiovisual recording equipment that complies
with the adopted standards.
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