EVIDENCE TAMPERING; BODY-CAM. RECORD S.B. 1095 & 1096:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bills 1095 and 1096 (as reported without amendment)
Sponsor: Senator Sylvia Santana
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
Senate Bill 1095 would amend the Michigan Penal Code do the following:
-- Prohibit a person from tampering with a body-camera recording that could be used in an
official proceeding.
-- Prohibit a person from knowingly and intentionally failing to activate a body-worn camera
used for law enforcement purposes if the failure interfered with a present or future official
proceeding or internal law enforcement investigation.
-- Prohibit a person from knowingly and intentionally deactivating a body-worn camera used
for law enforcement purposes while using excessive force.
-- Prescribe misdemeanor and felony penalties for violations of the bill's provisions.
Senate Bill 1096 would amend the sentencing guidelines in the Code of Criminal Procedure to
include the felony penalty proposed by Senate Bill 1095 for intentionally deactivating a body-
worn camera used for law enforcement purposes while using excessive force. A violation
would be a Class G felony against a person punishable by up to two years' imprisonment.
Senate Bill 1096 is tie-barred to Senate Bill 1095. Each bill would take effect 90 days after its
enactment.
MCL 750.483a
BRIEF RATIONALE
Body-worn cameras record the interactions of law enforcement officers and include video and
audio recordings. According to testimony before the Senate Committee on Civil Rights,
Judiciary, and Public Safety, transparency over law enforcement officers' actions in the
community increase the public trust and prevent the use of excessive force and abuse of
power. Some people believe that body-worn cameras are a tool for improving transparency,
and so the bills would prescribe requirements for law enforcement's use of body cameras.
Legislative Analyst: Eleni Lionas
FISCAL IMPACT
Senate Bill 1095
The bill's criminal penalties could have a negative fiscal impact on the State and local
government. Violations of the bill would be punishable as misdemeanors and felonies of
different severity. More misdemeanor and felony arrests and convictions could increase
resource demands on law enforcement, court systems, community supervision, jails, and
correctional facilities. Misdemeanor convictions could increase county jail and local probation
supervision costs, which vary by jurisdiction and are thus indeterminate. Based on 2023 data,
the average cost to State government for felony probation supervision is approximately
Page 1 of 2 sb1095/1096/2324
$4,600 per probationer per year. For any increase in prison intakes the average annual cost
of housing a prisoner in a State correctional facility is an estimated $48,700. Per diem rates
range from $100 to $431 per day (average per diem is $135), depending on the security level
of the facility. Additionally, any associated fine revenue would increase funding to public
libraries.
Senate Bill 1096
The bill would have no fiscal impact on local government and an indeterminate fiscal impact
on the State, in light of the Michigan Supreme Court's July 2015 opinion in People v. Lockridge,
in which the Court ruled that the sentencing guidelines are advisory for all cases. This means
that the addition to the guidelines under the bill would not be compulsory for the sentencing
judge. As penalties for felony convictions vary, the fiscal impact of any given felony conviction
depends on judicial decisions.
Date Completed: 12-10-24 Fiscal Analyst: Bruce R. Baker
Joe Carrasco, Jr.
SAS\Floors2324\sb1095
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official
statement of legislative intent.
Page 2 of 2 Bill Analysis @ www.senate.michigan.gov/sfa sb1095/1096/2324


Statutes affected:
Senate Introduced Bill: 777.16