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MI HB6356

Bill

Status

Introduced

8/17/2022

Primary Sponsor

Steven Johnson

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Requires county prosecuting attorneys to track and maintain records of in-custody informant testimony and any benefits offered to informants, with information reported to the state attorney general and maintained in a statewide database.

  • Mandates prosecutors disclose to the defense before trial all information relevant to an in-custody informant's credibility, including benefits extended, complete criminal history, prior testimony for benefits, and any statement modifications or retractions.

  • Establishes a pre-trial hearing requirement (unless waived) where the court must assess the reliability of an in-custody informant and determine if corroborating evidence exists, rendering testimony inadmissible if the prosecution fails to prove reliability by preponderance of the evidence.

  • Requires prosecutors to notify crime victims if an in-custody informant receives benefits related to pending charges, convictions, or sentences in exchange for testimony.

  • Mandates a jury instruction when in-custody informant testimony is admitted, cautioning jurors to examine such testimony with greater care and explaining that informants may receive informal benefits not formally promised before trial.

Legislative Description

Criminal procedure: other; certain requirements for the use of informants in criminal proceedings; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 36a, 36b, 36c, 36d, 36e, 36f, 36g & 36h to ch. VIII.

Criminal procedure: other

Last Action

Bill Electronically Reproduced 08/17/2022

9/7/2022

Committee Referrals

Judiciary8/17/2022

Full Bill Text

No bill text available