Bill Text: MI SB1164 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement: other; standard form to report sexual misconduct by employees of a law enforcement agency; provide for, and require certain access. Amends title & sec. 2 of 2014 PA 319 (MCL 752.952) & adds sec. 6a. TIE BAR WITH: SB 1165'20
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-10-01 - Referred To Committee On Judiciary And Public Safety [SB1164 Detail]
Download: Michigan-2019-SB1164-Introduced.html
SENATE BILL NO. 1164
October 01, 2020, Introduced by Senators
BULLOCK, HOLLIER, WOJNO, GEISS, CHANG, BAYER, ANANICH and HERTEL and
referred to the Committee on Judiciary and Public Safety.
A bill to amend 2014 PA 319, entitled
"Sexual assault victim's access to justice act,"
by amending the title and section 2 (MCL 752.952) and by adding section 6a.
the people of the state of michigan enact:
An act to create a sexual assault victim's access to justice act; to provide for certain victim's rights in sexual assault cases; to provide for the creation and use of a police sexual misconduct incident report form; to require certain notifications; and to require certain duties of certain state and local officials and agencies.provide for the powers and duties of certain state and local governmental officers and entities.
(a) "Forensic laboratory" means a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA identification act, 42 USC 14132, or subsequent laws.34 USC 12592.
(b) "Health care facility" includes a hospital, clinic, or urgent care center that is regulated under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, and any other facility that is authorized to provide sexual assault medical forensic exams under that act.
(c) (b) "Investigating law enforcement agency" means the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. Investigating law enforcement agency includes a law enforcement agency of a community college or university if that law enforcement agency of a community college or university is responsible for collecting sexual assault evidence.
(d) (c) "Law enforcement agency" means the local, county, or state law enforcement agency and includes the employees of that agency. Law enforcement agency includes a law enforcement agency of a community college or university.
(e) "Police sexual misconduct" means sexual contact, sexual harassment, or sexual penetration between an individual and an employee of a law enforcement agency who uses his or her status as an employee of the law enforcement agency to gain access to, or have a relationship with, that other individual.
(f) (d) "Sexual assault evidence kit" means that term as defined in section 21527 of the public health code, 1978 PA 368, MCL 333.21527.
(g) (e) "Sexual assault offense" means a violation or attempted violation of sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g.
(h) (f) "Sexual assault victim" means an individual subjected to a sexual assault offense and, for the purposes of making communications and receiving notices under this act, a person designated by the sexual assault victim under section 4.
(i) "Sexual contact" includes the intentional touching of the individual's or employee's intimate parts or the intentional touching of the clothing covering the immediate area of the individual's or employee's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner.
(j) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature.
(k) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, but emission of semen is not required.
Sec. 6a. (1) Not later than July 1, 2021, the Michigan domestic and sexual violence prevention and treatment board shall create a standard police sexual misconduct incident report form. The form must contain sections for a police sexual misconduct victim to provide all of the following information to the best of his or her knowledge:
(a) The law enforcement agency that employs an individual described under subdivision (d) and that law enforcement agency's mailing address.
(b) The name, address, home and work telephone numbers, and preferred contact method of the police sexual misconduct victim.
(c) The name, address, and telephone number of any known witness.
(d) The full name and rank and post or work location of an employee that is alleged to have engaged in police sexual misconduct.
(e) A description of the alleged police sexual misconduct incident.
(2) Not later than July 1, 2021, the department of health and human services shall make the form created under subsection (1) available to the public at all offices, including, but not limited to, county and district offices.
(3) Beginning July 1, 2021, a health care facility shall ensure that a police sexual misconduct victim who is administered a sexual assault evidence kit is provided a form created under subsection (1) and shall forward the completed form to the department of health and human services.
(4) The department of health and human services shall forward a completed police sexual misconduct incident report received under subsection (2) or (3) to the law enforcement agency listed on the form. If a law enforcement agency is not listed on a completed police sexual misconduct incident report form, the department of health and human services shall forward that completed form to the department of state police.
(5) The department of state police shall make reasonable efforts to identify the law enforcement agency that employs an individual alleged to have engaged in police sexual misconduct in a report forwarded to the department of state police under subsection (4) and shall comply with both of the following:
(a) If the department of state police is able to identify the law enforcement agency, the department of state police shall forward the police sexual misconduct incident report form to that law enforcement agency.
(b) If the department of state police is unable to identify the law enforcement agency, the department of state police shall notify the police sexual misconduct victim that the law enforcement agency was not identified.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1165 of the 100th Legislature is enacted into law.
