May 21, 2013, Introduced by Reps. Outman, Potvin and Daley and referred to the Committee on Appropriations.
A bill to create the Michigan student safety act; to provide
for confidential reports of dangerous or criminal activities; to
establish a reporting hotline; and to prescribe the duties of
certain state officials and departments.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan student safety act".
Sec. 2. As used in this act:
(a) "Confidential communication" means a communication to the
department of state police or the department of the attorney
general or an agent of the department of state police or the
department of the attorney general under this act that identifies
the person who provided that communication.
(b) "Hotline" means a statewide, toll-free telephone line,
cable, cellular telephone system, or other means of communication
that transmits voice, electronic mails, texts, or other multimedia
messaging concerning unsafe, potentially harmful, dangerous,
violent, or criminal activities, or the threat of these activities,
to appropriate law enforcement organizations, public safety
agencies, or school officials.
(c) "Material" means any record, report, claim, writing,
document, multimedia, or information reported to the program or
information related to the source of those items.
(d) "Multimedia" means any combination of content forms,
including, but not limited to, still photographic images,
animations, computer graphics, and audio and video transmissions
captured by electronic recording devices such as cellular
telephones, laptops, tablets, and handheld cameras and recorders.
(e) "Program" means the program established under this act
that provides students and the community with the means to relay
materials confidentially to a hotline.
Sec. 3. (1) The department of the attorney general shall
develop a program that allows for confidential reports of unsafe,
potentially harmful, dangerous, violent, or criminal activities to
a toll-free hotline.
(2) The department of state police, with the cooperation of
the department of the attorney general and the department of
education, shall establish, operate, and staff a program that meets
the following requirements:
(a) The program shall be maintained 24 hours a day, 365 days a
year.
(b) The program shall provide for confidential reporting,
including telephone, electronic mail, text, and multimedia
messaging, concerning unsafe, potentially harmful, dangerous,
violent, or criminal activities or the threat of those activities.
(c) Except for a confidential communication, all information
reported to the program may be shared with other law enforcement
agencies, school officials, and appropriate parents and guardians.
(d) The program may share the identity of a reporting person
who voluntarily discloses his or her identity and verifies that he
or she is willing to be identified to other persons.
(e) The program shall establish methods and procedures to
ensure that a reporting person's identity that becomes known
through any means other than voluntary disclosure is not further
disclosed.
(f) The program shall have a mechanism in place to promptly
provide the information to the local law enforcement agency and
school district.
(3) The department of the attorney general may appear in any
action to oppose the disclosure of a confidential communication.
(4) Except as provided in subsection (5) or (6), the program
shall not be required to do either of the following:
(a) Disclose, by way of testimony or otherwise, a confidential
communication.
(b) Produce, under subpoena, any records, documentary
evidence, opinions, or decisions relating to a confidential
communication.
(5) An individual arrested and charged with a criminal offense
may petition the court for an inspection conducted in camera of a
confidential communication concerning that individual. The petition
shall allege facts showing that the materials would provide
evidence favorable to the defendant and relevant to the issue of
guilt or punishment. If the court determines that the person is
entitled to all or any part of those materials, the court may order
production and disclosure as it considers appropriate.
(6) A prosecuting attorney may petition the court for an
inspection conducted in camera of a confidential communication that
the prosecuting attorney contends was made for the purpose of
providing false or misleading information to the program. The
petition shall allege facts showing that the materials would
provide evidence supporting the prosecuting attorney's contention
and would be relevant to the issue of guilt or punishment. If the
court determines that the prosecuting attorney is entitled to all
or any part of those materials, the court may order production and
disclosure as it considers appropriate.
(7) Material provided and maintained by a public body under to
this section is confidential, is not a public record, is exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246, and shall not be released.
(8) By January 31 of each year, the department of the attorney
general, with the cooperation of the department of state police,
shall prepare an annual report that categorizes the number of
calls, electronic mails, texts, and multimedia messages and the
types of incidents that have been reported to the hotline. This
information may be used to evaluate future program needs and the
need for additional school violence prevention programs.
(9) The department of the attorney general, in consultation
with school officials, law enforcement agencies, and other
interested persons, entities, and agencies, shall develop,
maintain, and manage the program webpage and shall develop a plan
to promote the use of the hotline.
(10) The department of the attorney general, the department of
state police, and the department of education may contract with all
necessary third parties to secure services that contribute to the
program's effective administration.
(11) The student safety and consumer protection enforcement
fund is created within the treasury. All of the following apply to
the fund:
(a) The fund shall be administered by the department of the
attorney general.
(b) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(c) Money in the fund shall only be expended, upon
appropriation, in a manner to carry out the purposes of this act.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund.
(12) The department of the attorney general may initiate the
incorporation of a charitable purpose nonprofit corporation, which
shall be incorporated on a nonstock, directorship basis, under the
nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192,
to implement the requirements of this act. The following apply to a
nonprofit corporation organized under this subsection:
(a) The articles of incorporation shall provide that the
nonprofit corporation is organized for the purpose of maintaining,
improving, and promoting community safety by supporting the program
established in this act.
(b) The department of the attorney general may draft the
initial bylaws of the nonprofit corporation and may expend funds
from the student safety and consumer protection enforcement fund as
may be necessary to establish the nonprofit corporation. As soon as
practicable, a board of directors shall be appointed and the
nonprofit corporation shall apply for and make its best effort to
obtain tax-exempt status under section 501(c)(3) of the internal
revenue code, 26 USC 501.
Sec. 4. This act does not create any liability or diminish any
immunity otherwise provided by law.