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MI SB0152

Bill

Status

Passed

12/31/2012

Primary Sponsor

Tonya Schuitmaker

Click for details

Origin

Senate

96th Legislature

AI Summary

  • Law enforcement officials must create time-stamped audiovisual recordings of entire custodial interrogations for major felonies (those punishable by life imprisonment or 20+ years), including Miranda rights notification.

  • Individuals may object to recording by stating objection on the recording or signing a document; objections must be properly documented, but recordings may proceed without consent or despite objection.

  • Failure to record does not prevent testimony about the statement's circumstances and content, but juries must be instructed that Michigan law requires recording for major felony custodial interrogations and may consider the absence of recording when evaluating evidence.

  • The Commission on Law Enforcement Standards must set quality standards for audiovisual equipment, conduct cost assessments within 120 days and biennially thereafter, and recommend annual appropriations to fund equipment purchases for law enforcement agencies statewide.

  • Law enforcement agencies must implement the recording requirements within 120 days of receiving funds or obtaining compliant equipment (or 60 days if equipment already available), with the effective date of March 28, 2013.

Legislative Description

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.

Law enforcement, investigations

Last Action

Assigned Pa 0479'12

12/31/2012

Committee Referrals

Judiciary2/16/2011

Full Bill Text

No bill text available