Bill Summary – FastDemocracy

Legislative Analysis
                                                                             Phone: (517) 373-8080
LAW ENFORCEMENT DISCIPLINARY RECORDS
                                                                             http://www.house.mi.gov/hfa
House Bill 5749 as introduced                                                Analysis available at
Sponsor: Rep. Tyrone Carter                                                  http://www.legislature.mi.gov
Committee: Criminal Justice
Complete to 12-10-24
SUMMARY:
       House Bill 5749 would amend the Freedom of Information Act (FOIA) to provide that the
       release of law enforcement disciplinary records is not an unwarranted invasion of an
       individual’s privacy such as would make those records exempt from disclosure as a public
       record under the act.
               Law enforcement disciplinary records would mean all records created in furtherance
               of a disciplinary proceeding conducted by the Michigan Commission on Law
               Enforcement Standards or any state or local law enforcement agency, department,
               independent review board, or other entity tasked with evaluating any complaint,
               allegation, or charge against a law enforcement officer or agent, other than a
               complaint, allegation, or charge of a technical infraction, including, at a minimum, all
               of the following records and information:
                   • Records of any complaint, allegation, or charge against a law enforcement
                       officer or agent.
                   • The name of any law enforcement officer or agent against whom a complaint,
                       allegation, or charge has been made.
                   • All records, documents, and files, in whatever form, related to the investigation,
                       adjudication, or disposition of any complaint, allegation, or charge against a
                       law enforcement officer or agent.
                   • The transcript of any disciplinary proceeding, including any exhibits
                       introduced at the proceeding, regarding any complaint, allegation, or charge
                       against a law enforcement officer or agent.
                   • Any finding by the Michigan Commission on Law Enforcement Standards or
                       any state or local law enforcement agency, department, independent review
                       board, or other entity tasked with evaluating any complaint, allegation, or
                       charge against a law enforcement officer or agent during a disciplinary
                       proceeding.
                   • Any final written opinion or memorandum supporting the disposition and
                       disciplinary action imposed, or the decision not to impose disciplinary action,
                       on a law enforcement officer or agent against whom a complaint, allegation, or
                       charge has been made, including all of the following:
                           o All factual findings.
                           o Any analysis of alleged misconduct.
                           o A description of the disciplinary action imposed on the law
                               enforcement officer or agent, if any, and the data supporting the
                               disciplinary action taken or the decision not to take disciplinary action.
House Fiscal Agency                                                                           Page 1 of 2
               Disciplinary proceeding would mean the commencement of any investigation and any
               subsequent hearing or other proceeding conducted by the Michigan Commission on
               Law Enforcement Standards or any state or local law enforcement agency, department,
               independent review board, or other entity tasked with evaluating any complaint,
               allegation, or charge against a law enforcement officer or agent.
               Law enforcement officer or agent would include a police officer employed by a
               municipality, county, or this state, an employee of a sheriff's office who performs law
               enforcement duties, a correctional officer, or any employee who provides public safety
               or investigative services for the department of corrections, a state correctional facility,
               a county jail, or a juvenile detention facility.
                Technical infraction would mean a minor rule violation by a law enforcement officer
                or agent, solely related to the enforcement of administrative departmental rules, that
                meets all of the following:
                    • Did not involve interaction with members of the public.
                    • Was unrelated to the investigative, enforcement, training, supervision, or
                       reporting responsibilities of the law enforcement officer or agent.
                    • Did not involve deception, misrepresentation, dishonesty, or intemperate
                       behavior by the law enforcement officer or agent.
       In addition, unless the public interest in disclosure outweighs the public interest in
       nondisclosure, the act now exempts public records of a law enforcement agency if their release
       would identify or disclose certain kinds of information. Among these records exempted from
       disclosure are personnel records of law enforcement agencies. The bill would remove this
       exemption and instead exempt law enforcement agency records of either of the following:
           • The medical history of a law enforcement officer or agent.
           • The use of an employee assistance program, mental health service, or substance abuse
               assistance service by a law enforcement officer or agent, unless the use of the program
               or service is mandated by a disciplinary proceeding whose records are not exempt.
       Finally, the bill would change the italicized phrase above to only if the public interest in
       nondisclosure outweighs the public interest in disclosure.
       MCL 15.243
FISCAL IMPACT:
       The bill would have no fiscal impact on the state or local units of government.
                                                           Legislative Analyst: Rick Yuille
                                                                Fiscal Analyst: Aaron A. Meek
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                                   HB 5749 as introduced    Page 2 of 2
Statutes affected: 
Substitute (H-1): 15.243
House Introduced Bill: 15.243