SENATE BILL NO. 993

June 25, 2020, Introduced by Senator IRWIN and referred to the Committee on Judiciary and Public Safety.

"Of county officers,"

(MCL 49.153 to 49.160) by adding section 53a.

the people of the state of michigan enact:

Sec. 53a. (1) If the prosecuting attorney of a county determines that a matter involves an allegation that a law enforcement officer committed a crime in the course of his or her duties as a law enforcement officer, the prosecuting attorney shall do all of the following:

(a) Notify the attorney general of the allegation of the commission of the crime by the law enforcement officer.

(b) File a petition with the attorney general stating that he or she is unable to serve in the matter and request the appointment of a special prosecuting attorney to perform the duties of the prosecuting attorney.

(2) On receipt of a notice under subsection (1), the attorney general shall do either of the following:

(a) Provide oversight authority in the investigation of the crime and may initiate charges at the conclusion of the investigation.

(b) Appoint a prosecuting attorney or assistant prosecuting attorney who consents to the appointment to act as a special prosecuting attorney to perform the duties of the prosecuting attorney in the matter.

(3) A special prosecuting attorney appointed under this section is vested with all of the powers of the prosecuting attorney for the purpose of the appointment and during the period of appointment, including the power to provide oversight authority in the investigation of the crime and initiate charges.

(4) If the prosecuting attorney of a county determines that a matter involves an allegation that a law enforcement officer used excessive force or violated an individual's civil rights in the course of his or her duties as a law enforcement officer, the prosecuting attorney must notify the attorney general of the allegation of the use of excessive force or a violation of an individual's civil rights.

(5) On receipt of a notice under subsection (4), the attorney general shall do either of the following:

(a) Provide oversight authority in the investigation of the allegation of the use of excessive force or a violation of an individual's civil rights.

(b) Pick an agency to investigate the allegation of use of excessive force or a violation of an individual's civil rights by a law enforcement officer.

(6) As used in this section, "crime" means that term as defined in section 5 of the Michigan penal code, 1931 PA 328, MCL 750.5, which is committed in the course of the individual's duties as a law enforcement officer.