Bill Summary – FastDemocracy

Legislative Analysis
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BODY-WORN CAMERA DEACTIVATION AND EVIDENCE
                                                                             http://www.house.mi.gov/hfa
House Bills 6113 and 6114 as introduced                                      Analysis available at
Sponsor: Rep. Kristian Grant                                                 http://www.legislature.mi.gov
Committee: Criminal Justice
Complete to 12-10-24
SUMMARY:
       House Bill 6113 would amend the Michigan Penal Code to prohibit both of the following:
          • Knowingly and intentionally failing to activate a body-worn camera used for law
             enforcement purposes if that failure interferes with a present or future official
             proceeding or an internal law enforcement investigation. A violation would be a
             misdemeanor punishable by imprisonment for up to 90 days, a fine of up to $500, or
             both.
          • Knowingly and intentionally deactivating a body-worn camera used for law
             enforcement purposes while using excessive force. A violation would be a felony
             punishable by imprisonment for up to two years, a fine of up to $1,000, or both.
        In addition, the code now prohibits knowingly and intentionally removing, altering, concealing,
        destroying, or otherwise tampering with evidence to be offered in a present or future official
        proceeding. The bill would specify that, for purposes of this provision, “evidence” includes a
        digital image or video or audio recording from a body-worn camera used for law enforcement
        purposes.
        Under both current law and the bill, tampering with evidence is a felony punishable by
        imprisonment for up to four years, a fine of up to $5,000, or both. A violation that occurs in
        the context of a criminal case for a violation with a maximum term of imprisonment of more
        than 10 years (or that is punishable by imprisonment for life or any term of years) is a felony
        punishable by imprisonment for up to 10 years, a fine of up to $20,000, or both.
        MCL 750.483a
       House Bill 6114 would amend the Code of Criminal Procedure to add the felony proposed by
       House Bill 6113 to the sentencing guidelines. The intentional deactivation of a body-worn
       camera used for law enforcement purposes while using excessive force would be a Class G
       crime against a person with a statutory maximum term of imprisonment of two years.
       The bill cannot take effect unless House Bill 6113 is also enacted.
       MCL 777.16x
       Each bill would take effect 90 days after being enacted.
House Fiscal Agency                                                                           Page 1 of 2
FISCAL IMPACT:
       House Bill 6113 would have an indeterminate fiscal impact on the state and on local units of
       government. The number of individuals that would be convicted of a misdemeanor because of
       knowingly and intentionally failing to activate a body-worn camera used for law enforcement
       purposes, or the number of individuals that would be convicted of a felony because of
       knowingly and intentionally failing to deactivate a body-worn camera used for law
       enforcement purposes while using excessive force, is unknown. New misdemeanor convictions
       would increase costs related to county jails and/or local misdemeanor probation supervision.
       Costs of local incarceration in county jails and local misdemeanor probation supervision, and
       how those costs are financed, vary by jurisdiction. New felony convictions would result in
       increased costs related to state prisons and state probation supervision. In fiscal year 2023, the
       average cost of prison incarceration in a state facility was roughly $48,700 per prisoner, a figure
       that includes various fixed administrative and operational costs. State costs for parole and
       felony probation supervision averaged about $5,400 per supervised offender in the same year.
       Those costs are financed with state general fund/general purpose revenue. The fiscal impact on
       local court systems would depend on how provisions of the bill affected court caseloads and
       related administrative costs. It is difficult to project the actual fiscal impact to courts due to
       variables such as law enforcement practices, prosecutorial practices, judicial discretion, case
       types, and complexity of cases. Any increase in penal fine revenue would increase funding for
       public and county law libraries, which are the constitutionally designated recipients of those
       revenues.
       House Bill 6114 is a companion bill to House Bill 6113 and would amend the sentencing
       guidelines chapter of the Code of Criminal Procedure to include the new felony of intentionally
       deactivating a body-worn camera used for law enforcement purposes while using excessive
       force as Class G felony against a person punishable by a statutory maximum of two years. The
       bill would not have a direct fiscal impact on the state or on local units of government.
                                                           Legislative Analyst: Aaron A. Meek
                                                                Fiscal Analyst: Robin Risko
■ 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 6113 and 6114 as introduced   Page 2 of 2
Statutes affected: 
House Introduced Bill: 750.483