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MI HB5871
Bill
Status
10/1/2014
Primary Sponsor
Thomas McMillin
Click for details
AI Summary
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Amends Michigan criminal procedure law to add "oral swab test" as a defined search procedure requiring a valid search warrant or written consent, similar to existing body cavity search requirements.
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Oral swab test defined as swabbing the interior of a person's mouth for saliva samples to test for controlled substances or controlled substance analogues.
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Exempts incarcerated individuals, persons in court-ordered mental health facilities, and juveniles in detention facilities from warrant/consent requirements if the chief administrative officer of the facility provides prior written authorization.
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Requires body cavity searches to be conducted by licensed medical professionals and establishes detailed reporting requirements including name, sex, time, date, location, items recovered, and personnel present.
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Makes it a misdemeanor offense for law enforcement officers, agency employees, or facility administrators to conduct or authorize body cavity searches or oral swab tests in violation of the statute.
Legislative Description
Criminal procedure; warrants; oral swab test; require search warrant in the absence of written consent. Amends sec. 25b, ch. IV of 1927 PA 175 (MCL 764.25b).
Criminal procedure, warrants
Last Action
Printed Bill Filed 10/02/2014
10/2/2014