HOUSE BILL No. 5505


     December 12, 2001, Introduced by Reps. Cassis, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom,
Woronchak, Hummel, Birkholz, Newell, Drolet, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Bisbee, George, Shackleton, Shulman, Lockwood,
Ehardt, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Pestka, Jacobs,
Basham, Richardville, Kuipers, Pappageorge, McConico and Whitmer and referred to the Committee on Criminal Justice.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending section 19f of chapter VII (MCL 767.19f).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                 CHAPTER VII

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           Sec. 19f.  (1) Except as otherwise provided by law,  it is

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      unlawful for any  A person  to  SHALL NOT publish or make
   known

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      to any other person any testimony or exhibits obtained or used,

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      or any proceeding conducted, in connection with any grand jury

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      inquiry.   Any  A person  violating the provisions of  WHO

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      VIOLATES this  section  SUBSECTION is guilty of a misdemeanor

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      punishable by imprisonment in the county jail for not more than 1

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      year or by a fine of not more than $1,000.00, or both.   The

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      provisions of this section respecting secrecy shall




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           (2) SUBSECTION (1) DOES not apply to  communications  ANY OF

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      THE FOLLOWING:

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           (A) COMMUNICATIONS between prosecuting officers for the pur-

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      pose of presenting evidence before the grand jury, for the pur-

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      pose of reviewing evidence presented to the grand jury for pro-

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      spective prosecution, or for any other purpose involving the exe-

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      cution of a public duty.   The provisions of this section shall

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      apply to

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           (B) COMMUNICATIONS BETWEEN LAW ENFORCEMENT OFFICERS IN CASES

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      INVOLVING VIOLATIONS OF CHAPTER LXXXIII-A OF THE MICHIGAN PENAL

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      CODE, 1931 PA 328, MCL 750.543A TO 750.543Z.

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           (3) SUBSECTION (1) APPLIES TO, BUT ITS APPLICATION IS NOT

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      LIMITED TO, applications and petitions for and orders of immunity

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      and to any transcript of testimony  which  THAT may be delivered

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      to a witness pursuant to his  being granted  OR HER GRANT OF

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      immunity, except that the witness may be privileged to disclose

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      such application, petition, order, and transcript to his OR HER

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      attorney.





















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