SENATE BILL NO. 1114
November 14, 2024, Introduced by Senators IRWIN and SHINK and referred to the Committee
on Civil Rights, Judiciary, and Public Safety.
A bill to regulate the use by law enforcement agencies of
minors as law enforcement participants and informants; and to
provide for the issuance of injunctive orders and payment of
damages under certain circumstances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. As used in this act:
2 (a) "Informant" means an individual who is used by a law
3 enforcement agency to provide information about any other person
4 for purposes of investigating a violation of law that is a crime or
5 a state civil infraction. Informant does not include an individual
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1 who reports a crime or a state civil infraction to a law
2 enforcement agency on the individual's own volition unless the law
3 enforcement agency recontacts that individual in order to require
4 or allow that individual to obtain additional information about
5 that crime or state civil infraction or any other crime or state
6 civil infraction beyond that which the individual has at the time
7 of that subsequent contact.
8 (b) "Law enforcement agency" means 1 or more of the following:
9 (i) The department of state police.
10 (ii) The police department of a city, village, or township.
11 (iii) A county sheriff and the sheriff department.
12 (iv) The police department of a community college, college, or
13 university.
14 (v) The police department of a hospital.
15 (vi) The law enforcement division of the department of natural
16 resources.
17 (vii) The law enforcement division of the department of
18 environment, Great Lakes, and energy.
19 (viii) An employee, volunteer, or contractual service provider
20 acting on behalf of an entity described in subparagraphs (i) to
21 (vii).
22 (c) "Law enforcement participant" means an individual, other
23 than a police officer, who is used by a law enforcement agency to
24 directly participate in an action to do either of the following:
25 (i) Prevent a crime or a state civil infraction from taking
26 place.
27 (ii) Enforce a law, the violation of which is designated to be
28 a crime or a state civil infraction.
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1 (d) "Minor" means an individual who is less than 18 years of
2 age.
3 Sec. 2. A law enforcement agency shall not use a minor as a
4 law enforcement participant or an informant without first obtaining
5 the written consent of a parent or legal guardian of the minor.
6 This subsection does not apply if the minor is emancipated under
7 1968 PA 293, MCL 722.1 to 722.6.
8 Sec. 3. If a law enforcement agency uses a minor as a law
9 enforcement participant or an informant without first complying
10 with the requirements of section 2, a parent or legal guardian of
11 that minor may obtain an order in the circuit court in which the
12 parent or legal guardian resides or in which the minor resides
13 prohibiting the law enforcement agency from using that minor as a
14 law enforcement participant or an informant until the requirements
15 of section 2 are met. If a parent or legal guardian obtains an
16 order prohibiting the law enforcement agency from using the minor
17 as a law enforcement participant or an informant until the
18 requirements of section 2 are met, the court shall order the law
19 enforcement agency to pay the actual costs and attorney fees of the
20 parent or legal guardian in obtaining the order and to pay
21 additional damages to the parent or legal guardian of not less than
22 $500.00 or more than $1,000.00.
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