August 16, 2006, Introduced by Rep. Van Regenmorter and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2157b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2157b. (1) Except as provided in subsection (2) or (3), a
person shall not be required to do either of the following in a
civil or criminal proceeding:
(a) Disclose, by way of testimony or otherwise, a confidential
communication to a crime stoppers organization.
(b) Produce, under subpoena, any records, documentary
evidence, opinions, or decisions relating to a confidential
communication to a crime stoppers organization by way of any
discovery procedure.
(2) An individual arrested and charged with a criminal offense
or an individual who is a party in a civil proceeding may petition
the court for an inspection conducted in camera of the records of a
confidential communication to a crime stoppers organization
concerning that individual. The petition shall allege facts showing
that the records would provide evidence favorable to the defendant
or the party in a civil proceeding and relevant to the issue of
guilt or punishment, or liability. If the court determines that the
person is entitled to all or any part of those records, the court
may order production and disclosure as it deems appropriate.
(3) The prosecution in a criminal proceeding may petition the
court for an inspection conducted in camera of the records of a
confidential communication to a crime stoppers organization that
the prosecution contends was made by the defendant, or by another
individual acting on behalf of the defendant, for the purpose of
providing false or misleading information to the crime stoppers
organization. The petition shall allege facts showing that the
records would provide evidence supporting the prosecution's
contention and would be relevant to the issue of guilt or
punishment. If the court determines that the prosecution is
entitled to all or any part of those records, the court may order
production and disclosure as it deems appropriate.
(4) As used in this section:
(a) "Confidential communication to a crime stoppers
organization" means a statement by any person, in any manner
whatsoever, to a crime stoppers organization for the purpose of
reporting alleged criminal activity.
(b) "Crime stoppers organization" means a private, nonprofit
organization that accepts and expends donations for rewards to
persons who report to the organization information concerning
criminal activity and that forwards the information to the
appropriate law enforcement agency.