Bill Text: MI SB0324 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Law enforcement; investigations; investigation procedures of deaths committed by law enforcement officers; modify, and require to be performed by an outside agency. Creates new act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2015-05-12 - Referred To Committee On Judiciary [SB0324 Detail]
Download: Michigan-2015-SB0324-Introduced.html
SENATE BILL No. 324
May 12, 2015, Introduced by Senators YOUNG, SCHUITMAKER and JOHNSON and referred to the Committee on Judiciary.
A bill to require certain law enforcement agencies to
investigate certain officer-involved deaths; and to impose certain
duties on certain state and local officials and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Law enforcement agency" means the department of state
police, the department of natural resources, or a law enforcement
agency of a county, township, city, village, airport authority,
community college, or university, 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 of the following:
(i) A person who is trained and certified under the commission
on law enforcement standards act, 1965 PA 203, MCL 28.601 to
28.616.
(ii) A local corrections officer as defined in section 2 of the
local corrections officers training act, 2003 PA 125, MCL 791.532.
(iii) An emergency dispatch worker employed by a law enforcement
agency.
(c) "Officer-involved death" means a death of an individual
that results directly from an action or an omission of a law
enforcement officer while the law enforcement officer is on duty or
while the law enforcement officer is off duty but performing
activities that are within the scope of his or her law enforcement
duties.
Sec. 2. (1) Each law enforcement agency shall have a written
policy regarding the investigation of officer-involved deaths that
involve a law enforcement officer employed by the law enforcement
agency.
(2) Each written policy described under subsection (1) shall
require an investigation conducted by not fewer than 2
investigators, 1 of whom is the lead investigator and neither of
whom is employed by a law enforcement agency that employs a law
enforcement officer involved in the officer-involved death.
(3) If the officer-involved death being investigated is
traffic-related, the written policy described under subsection (1)
shall require the investigation to use a crash reconstruction unit
from a law enforcement agency that does not employ a law
enforcement officer involved in the officer-involved death being
investigated, except that a policy for a state law enforcement
agency may allow an investigation involving a law enforcement
officer employed by that state law enforcement agency to use a
crash reconstruction unit from the same state law enforcement
agency.
(4) Each written policy described in subsection (1) may allow
an internal investigation into the officer-involved death if the
internal investigation does not interfere with the investigation
conducted under subsection (2).
(5) Compensation for participation in an investigation under
subsection (2) may be determined in a manner consistent with mutual
aid agreements.
(6) The investigators conducting the investigation under
subsection (2) shall, in an expeditious manner, provide a complete
report to the prosecuting attorney of the county in which the
officer-involved death occurred.
(7) If the prosecuting attorney determines that there is no
basis to prosecute the law enforcement officer involved in the
officer-involved death, the investigators conducting the
investigation under subsection (2) shall release the report to the
public.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
