Law enforcement: records; law enforcement officer separation of service record act; revise. Amends secs. 1, 2, 3 & 5 of 2017 PA 128 (MCL 28.561 et seq.); designates secs. 1 & 2 as art 1 & secs. 3 - 5 as art. 2 & adds arts. 3 & 4.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill, the Law Enforcement Officer Separation of Service Record Act, revises a 2017 law regarding records of separating law enforcement officers. It establishes a process for former agencies to create and maintain detailed separation records, including reasons for separation and disciplinary actions. The bill also outlines how current agencies can create provisional service records for officers who are leaving. It mandates waivers allowing prospective employers to access these records and establishes rules for correcting inaccuracies and protects agencies disclosing information in good faith.
Key provisions
- Establishes a process for former law enforcement agencies to create and maintain ‘separation of service records’ detailing reasons for separation and related disciplinary actions.
- Requires current law enforcement agencies to create ‘provisional service records’ for officers who are leaving.
- Mandates a waiver from the separating officer allowing prospective employers to access separation and provisional records.
- Sets deadlines for finalizing and providing separation and provisional records to officers and prospective employers.
- Provides a mechanism for officers to challenge the accuracy of records and request corrections or disclaimers.
- Establishes immunity from civil liability for agencies disclosing information in good faith.
- Requires agencies to provide copies of records to the Michigan Commission on Law Enforcement Standards for licensing purposes.
- Clarifies that both separation and provisional records are required under certain circumstances.
Bill text
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