SB-1022, As Passed Senate, September 21, 2016

SENATE BILL No. 1022

June 8, 2016, Introduced by Senators JONES, BIEDA, NOFS and SCHUITMAKER and referred to the Committee on Judiciary.

     A bill to amend 1965 PA 203, entitled

"Commission on law enforcement standards act,"

(MCL 28.601 to 28.616) by adding sections 9e and 9f.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9e. (1) In addition to the employment history record

required to be maintained under section 9d by a law enforcement

agency for each officer it employs, a law enforcement agency shall

maintain a record regarding the reason or reasons for, and

circumstances surrounding, a separation of service for each law

enforcement officer the agency employs who subsequently separates

from the law enforcement agency.

     (2) The law enforcement agency shall allow a separating law

enforcement officer to review a record prepared under subsection

(1) upon the request of the separating officer.

     (3) If a separating law enforcement officer disagrees with the

accuracy of the contents of the record prepared under subsection

(1), he or she may request the correction or removal of the portion

of the record he or she believes is incorrect. If the law

enforcement agency and the separating law enforcement officer

cannot reach an agreement on the contents of the record prepared

under subsection (1), the separating law enforcement officer may

submit a written statement explaining the separating law

enforcement officer's position and the basis for his or her

disagreement. If a separating law enforcement officer submits a

written statement under this subsection, it shall be kept with the

record required under subsection (1) and provided with the rest of

the contents of the record as required under section 9f.

     Sec. 9f. (1) A law enforcement officer who is certified under

this act and was previously employed as a law enforcement officer

in this state, who separates from his or her employing law

enforcement agency, and who subsequently seeks to become reemployed

as a law enforcement officer with a different law enforcement

agency in this state shall provide to the prospective employing law

enforcement agency, upon offer of employment, a signed waiver. A

waiver executed under this subsection shall expressly allow the

prospective employing law enforcement agency to contact the law

enforcement officer's former employing law enforcement agency and

seek a copy of the record regarding the reason or reasons for, and

circumstances surrounding, his or her separation of service created

by his or her former employing law enforcement agency under section

9e.

     (2) A waiver under subsection (1) shall be executed on a form

provided by the commission to all law enforcement agencies in this

state that employ law enforcement officers certified under this

act. The prospective employing law enforcement agency is

responsible for providing the waiver executed under subsection (1)

to the former employing law enforcement agency.

     (3) Upon receipt of the waiver executed under subsection (1),

the former employing law enforcement agency shall provide, along

with other information required or allowed to be provided by law, a

copy of the record required under section 9e to the prospective

employing law enforcement agency.

     (4) A former employing law enforcement agency that discloses

information under this section in good faith after receipt of a

waiver executed under subsection (1) is immune from civil liability

for the disclosure. A former employing law enforcement agency is

presumed to be acting in good faith at the time of a disclosure

under this section unless a preponderance of the evidence

establishes 1 or more of the following:

     (a) That the former employing law enforcement agency knew the

information disclosed was false or misleading.

     (b) That the former employing law enforcement agency disclosed

the information with a reckless disregard for the truth.

     (c) That the disclosure was specifically prohibited by a state

or federal statute.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.