SENATE BILL NO. 914
June 12, 2024, Introduced by Senators SHINK, GEISS, BAYER and SANTANA and referred to
the Committee on Civil Rights, Judiciary, and Public Safety.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding sections 36a, 36b, 36c, 36d, 36e,
36f, and 36g to chapter VIII.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER VIII
2 Sec. 36a. As used in this section and sections 36b to 36g of
3 this chapter:
4 (a) "Benefit" means any plea bargain, bail consideration,
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1 reduction or modification of sentence, or any other leniency,
2 immunity, financial payment, reward, or amelioration of current or
3 future conditions of incarceration in return for, or in connection
4 with, an in-custody informant's participation in any information-
5 gathering activity, investigation, or operation, or in return for,
6 or in connection with, the in-custody informant's testimony in a
7 criminal proceeding in which the prosecuting attorney intends to
8 call the in-custody informant as a witness.
9 (b) "In-custody informant" means an individual, other than a
10 codefendant, percipient witness, accomplice, or co-conspirator, who
11 provides testimony or information for use in the investigation or
12 prosecution of a defendant based upon statements made by the
13 defendant under 1 of the following circumstances:
14 (i) While the defendant and the in-custody informant were
15 housed in the same correctional facility, county jail, local
16 lockup, or other custodial facility, regardless of location.
17 (ii) While the defendant and the in-custody informant were not
18 in custody and in the same location, and the in-custody informant
19 is subsequently housed in a correctional facility, county jail,
20 local lockup, or other custodial facility, regardless of location,
21 because of the in-custody informants own charges.
22 (c) "Official" means an individual acting on behalf of the
23 government during an investigation or prosecution of a misdemeanor
24 or felony, including, but not limited to, a prosecuting attorney or
25 a law enforcement officer.
26 (d) "Prosecuting attorney's office" includes the office of a
27 county prosecuting attorney and the department of the attorney
28 general.
29 Sec. 36b. (1) Each prosecuting attorney's office shall track
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1 and, as provided under subsection (2), submit a record of the
2 following information:
3 (a) The use of testimony or information provided to the
4 prosecuting attorney's office by an in-custody informant against a
5 defendant's interest.
6 (b) Any benefit offered or provided to an in-custody informant
7 in exchange for testimony or information about a defendant.
8 (2) Each county prosecuting attorney's office shall provide
9 the information described under subsection (1) to the department of
10 corrections and the department of state police. If a prosecuting
11 attorney's office fails to provide the information described under
12 subsection (1), the information is precluded from use in criminal
13 prosecution until the prosecuting attorney's office complies with
14 this section.
15 (3) The department of corrections and the department of state
16 police shall maintain a statewide record of the information
17 collected under subsection (1).
18 (4) The information collected under subsection (1) is
19 confidential and is not subject to disclosure under the freedom of
20 information act, 1976 PA 442, MCL 15.231 to 15.246.
21 Sec. 36c. A prosecuting attorney shall disclose to the
22 defense, during the course of discovery, no later than 21 days
23 before trial or any pretrial hearing at which the in-custody
24 informant's statements or testimony will be introduced, any
25 information in the possession, custody, or control of the
26 prosecution that is relevant to an in-custody informant's
27 credibility, including, but not limited to, all of the following:
28 (a) A benefit that any official has extended or will extend in
29 the future to the in-custody informant. This includes, but is not
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1 limited to, a cooperation agreement with any official.
2 (b) The substance, time, and place of any statement allegedly
3 given by the defendant to the in-custody informant.
4 (c) The substance, time, and place of any statement given by
5 the in-custody informant to any official implicating the defendant
6 in the crime charged.
7 (d) The complete criminal history of the in-custody informant.
8 (e) If the in-custody informant has previously testified or
9 provided information in exchange for a benefit, all other cases in
10 which the in-custody informant has done so, the content of the
11 statements and testimony of the in-custody informant in those
12 cases, and the specific benefit previously offered or received.
13 (f) Whether or not the in-custody informant modified or
14 recanted the in-custody informant's testimony at any time and, if
15 so, the time and place of the recantation or modification, the
16 nature of the recantation or modification, and the name of any
17 individual present at the recantation or modification.
18 Sec. 36d. A prosecuting attorney shall disclose no later than
19 21 days before trial or any pretrial hearing at which the in-
20 custody informant's statements or testimony will be introduced the
21 prosecution's intent to introduce the testimony of an in-custody
22 informant. The same procedure for introducing the testimony of
23 other fact witnesses that are applicable in this state applies to
24 an in-custody informant's testimony.
25 Sec. 36e. If an in-custody informant testifies, the
26 prosecuting attorney or defense counsel may elicit the information
27 described under section 36c of this chapter during direct or cross-
28 examination, respectively. If a written statement from the in-
29 custody informant is admitted for any reason, including, but not
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1 limited to, the unavailability of the in-custody informant, the
2 information described under section 36c of this chapter must be
3 included with the written statement.
4 Sec. 36f. If an in-custody informant receives a benefit
5 related to a pending charge, a conviction, or a sentence in
6 connection with offering or providing testimony against a
7 defendant, the prosecuting attorney shall notify any victim in the
8 in-custody informant's case of the benefit in a timely manner.
9 Sec. 36g. If the in-custody informant's testimony is admitted
10 into evidence, a cautionary instruction must be provided to the
11 jury. The jury instruction must include all of the following
12 provisions:
13 (a) The testimony of an in-custody informant who provides
14 evidence against a defendant must be examined and weighed with
15 greater care than the testimony of an ordinary witness.
16 (b) The in-custody informant may expect, and in practice often
17 receive, a benefit that has not been formally promised to the in-
18 custody informant before trial.
19 (c) The reliability factors enumerated in section 36c of this
20 chapter must be considered when determining whether the testimony
21 of the in-custody informant has been influenced by interest in a
22 benefit or prejudice against the defendant.
ELJ Final Page S02971'23


Statutes affected:
Senate Introduced Bill: 760.1, 777.69