Bill Text: MI SB1149 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Law enforcement; employment; law enforcement officer separation from service record act; modify to allow Michigan commission on law enforcement standards to obtain records. Amends sec. 5 of 2017 PA 128 (MCL 28.565).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-12-05 - Referred To Committee On Judiciary [SB1149 Detail]
Download: Michigan-2017-SB1149-Engrossed.html
SB-1149, As Passed Senate, December 5, 2018
SENATE BILL No. 1149
November 8, 2018, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 2017 PA 128, entitled
"Law enforcement officer separation of service record act,"
by amending section 5 (MCL 28.565).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A law enforcement officer who is licensed or who
was previously licensed or certified under the Michigan commission
on law enforcement standards act, 1965 PA 203, MCL 28.601 to
28.615, and was previously employed as a law enforcement officer in
this state, who separates from his or her employing law enforcement
agency or from employment as a law enforcement officer to whom an
oath of office has been administered under section 9c or 9d of the
Michigan commission on law enforcement standards act, 1965 PA 203,
MCL 28.609c and 28.609d, and who subsequently seeks to become
reemployed as a law enforcement officer in this state, shall
provide to the prospective employing law enforcement agency, upon
receiving a conditional offer of employment, a signed waiver. A
waiver executed under this subsection must expressly allow the
prospective employing law enforcement agency to contact the law
enforcement officer's former employing law enforcement agency or
agencies and seek a copy of the record regarding the reason or
reasons for, and circumstances surrounding, his or her separation
of service created by his or her former employing law enforcement
agency or agencies under section 3.
(2) A waiver under subsection (1) must be executed on a form
provided by the commission to all law enforcement agencies in this
state that employ or administer oaths of office to law enforcement
officers licensed under the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.615. The prospective
employing law enforcement agency is responsible for providing the
waiver executed under subsection (1) to the former employing law
enforcement agency or agencies.
(3) Upon receipt of the waiver executed under subsection (1),
a former employing law enforcement agency shall provide, along with
other information required or allowed to be provided by law, a copy
of the record required under section 3 to the prospective employing
law enforcement agency.
(4) A prospective employing law enforcement agency shall not
hire a law enforcement officer to whom subsection (1) applies
unless the prospective employing law enforcement agency receives
the record created under section 3 from the law enforcement
officer's former employing law enforcement agency or agencies.
(5) A former employing law enforcement agency that discloses
information under this section in good faith after receipt of a
waiver executed under subsection (1) is immune from civil liability
for the disclosure. A former employing law enforcement agency is
presumed to be acting in good faith at the time of a disclosure
under this section unless a preponderance of the evidence
establishes 1 or more of the following:
(a) That the former employing law enforcement agency knew that
the information disclosed was false or misleading.
(b) That the former employing law enforcement agency disclosed
the information with a reckless disregard for the truth.
(c) That the disclosure was specifically prohibited by a state
or federal statute.
(6) A prospective employing law enforcement agency that
receives a record maintained under section 3 from the law
enforcement officer's former employing law enforcement agency or
agencies shall, upon written request from the commission, provide a
copy of the record requested to the commission for the purpose of
determining compliance with licensing standards and procedures
under the Michigan commission on law enforcement standards act,
1965 PA 203, MCL 28.601 to 28.615.
(7) A law enforcement agency that is required to maintain a
record under section 3 shall, upon written request from the
commission, provide a copy of the record requested to the
commission for the purpose of determining compliance with licensing
standards and procedures under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
