SB-1149, As Passed Senate, December 5, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1149

 

 

November 8, 2018, Introduced by Senator JONES and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 2017 PA 128, entitled

 

"Law enforcement officer separation of service record act,"

 

by amending section 5 (MCL 28.565).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) A law enforcement officer who is licensed or who

 

was previously licensed or certified under the Michigan commission

 

on law enforcement standards act, 1965 PA 203, MCL 28.601 to

 

28.615, and was previously employed as a law enforcement officer in

 

this state, who separates from his or her employing law enforcement

 

agency or from employment as a law enforcement officer to whom an

 

oath of office has been administered under section 9c or 9d of the

 

Michigan commission on law enforcement standards act, 1965 PA 203,

 

MCL 28.609c and 28.609d, and who subsequently seeks to become

 

reemployed as a law enforcement officer in this state, shall

 

provide to the prospective employing law enforcement agency, upon

 


receiving a conditional offer of employment, a signed waiver. A

 

waiver executed under this subsection must expressly allow the

 

prospective employing law enforcement agency to contact the law

 

enforcement officer's former employing law enforcement agency or

 

agencies and seek a copy of the record regarding the reason or

 

reasons for, and circumstances surrounding, his or her separation

 

of service created by his or her former employing law enforcement

 

agency or agencies under section 3.

 

     (2) A waiver under subsection (1) must be executed on a form

 

provided by the commission to all law enforcement agencies in this

 

state that employ or administer oaths of office to law enforcement

 

officers licensed under the Michigan commission on law enforcement

 

standards act, 1965 PA 203, MCL 28.601 to 28.615. The prospective

 

employing law enforcement agency is responsible for providing the

 

waiver executed under subsection (1) to the former employing law

 

enforcement agency or agencies.

 

     (3) Upon receipt of the waiver executed under subsection (1),

 

a former employing law enforcement agency shall provide, along with

 

other information required or allowed to be provided by law, a copy

 

of the record required under section 3 to the prospective employing

 

law enforcement agency.

 

     (4) A prospective employing law enforcement agency shall not

 

hire a law enforcement officer to whom subsection (1) applies

 

unless the prospective employing law enforcement agency receives

 

the record created under section 3 from the law enforcement

 

officer's former employing law enforcement agency or agencies.

 

     (5) A former employing law enforcement agency that discloses


information under this section in good faith after receipt of a

 

waiver executed under subsection (1) is immune from civil liability

 

for the disclosure. A former employing law enforcement agency is

 

presumed to be acting in good faith at the time of a disclosure

 

under this section unless a preponderance of the evidence

 

establishes 1 or more of the following:

 

     (a) That the former employing law enforcement agency knew that

 

the information disclosed was false or misleading.

 

     (b) That the former employing law enforcement agency disclosed

 

the information with a reckless disregard for the truth.

 

     (c) That the disclosure was specifically prohibited by a state

 

or federal statute.

 

     (6) A prospective employing law enforcement agency that

 

receives a record maintained under section 3 from the law

 

enforcement officer's former employing law enforcement agency or

 

agencies shall, upon written request from the commission, provide a

 

copy of the record requested to the commission for the purpose of

 

determining compliance with licensing standards and procedures

 

under the Michigan commission on law enforcement standards act,

 

1965 PA 203, MCL 28.601 to 28.615.

 

     (7) A law enforcement agency that is required to maintain a

 

record under section 3 shall, upon written request from the

 

commission, provide a copy of the record requested to the

 

commission for the purpose of determining compliance with licensing

 

standards and procedures under the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

 

     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.