June and July 2019

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.


SIGNED

Procedure for Parole of Medically Frail Prisoners Revised

2019 PA 13 (HBs 4129-4132, effective August 21, 2019) amends MCL 791.235 and other statutes to revise the procedure for the determination of medical frailty and the parole of medically frail prisoners. The Governor signed the Act on May 22, 2019. 

INTRODUCED

Enact “Electronic Information and Data Privacy Act”

SB 341 would enact the Electronic Information and Data Privacy Act that would (among other things) prohibit a law enforcement officer from obtaining the location information, stored data, or transmitted data from an electronic device without a warrant. The bill was introduced in the Senate on May 22, 2019.

Prohibit the Use Of Facial Recognition Technology By Law Enforcement

SB 342 would amend Chapter XVI (Miscellaneous Provisions) of the Code of Criminal Procedure by adding MCL 776.21b to prohibit a law enforcement official from obtaining, accessing, or using face recognition technology or information obtained from face recognition technology to enforce state or local laws. Evidence obtained and arrest and search warrants issued based on a violation of the new statute would be subject to exclusion under the same rules as those applied to evidence obtained in violation of the Fourth Amendment. The bill was introduced in the Senate on May 22, 2019. 

HB 4810 would likewise add MCL 776.21b to prohibit a law enforcement official from obtaining, accessing, or using face recognition technology or information obtained from face recognition technology to enforce state or local laws. The bill was introduced in the House on July 10, 2019. 

Bar Sanctuary Cities

SBs 382 and 383 would bar counties, cities, townships, and villages from enacting sanctuary city policies that prevent law enforcement officers and staff from cooperating with federal immigration authorities regarding a person’s immigration status. The bills were introduced in the House on June 19, 2019.

Prohibit Use of State Law Enforcement Resources for Immigration Enforcement

HB 4724 would create the Law Enforcement Information Sharing Act that would (among other things) prohibit the use of state and local law enforcement resources for the enforcement of federal immigration laws. The bill was introduced in the House on June 13, 2019.

Eliminate Certain Stop-And-Frisk Policies

HB 4725 would amend the Code of Criminal Procedure by adding section 5 to Chapter XVI to prohibit law enforcement agencies from adopting or implementing policies permitting peace officers to stop and search a person except in circumstances where the stop is for investigative purposes and the officer has a reasonable suspicion to believe that the person has been, is, or is about to be engaged in criminal activity or the search is of a person stopped for investigation and the officer has reasonable suspicion to believe the person is armed and dangerous. The bill was introduced in the House on June 13, 2019.  

Prohibit Immigration Holds

HB 4726 would create the Standards for Responding to Federal Immigration Holds Acts that would (among other things) prohibit the continued detention of individuals who are eligible for release from custody on the basis of an immigration hold without a judicial determination of probable cause for the hold. The bill was introduced in the House on June 13, 2019. 

by John Zevalking
Associate Editor