Michigan Senate Bill SB1097

Michigan 2023-2024 Regular Session

• Introduced: 11/13/24
• Refer: 11/13/24
• Report Pass: 12/11/24
• Refer: 12/11/24

Caption

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.) & adds arts. 3 & 4.

Impact

The proposed changes are expected to have significant implications for law enforcement agencies in Michigan. By requiring agencies to maintain comprehensive records regarding an officer's separation from service, the bill aims to close gaps that may exist in oversight of law enforcement personnel. This could lead to improvements in accountability and the ability to track officers' disciplinary histories before allowing new hiring. Consequently, prospective employers would have better access to an officer's employment history, thus ensuring a more informed hiring process. However, this increased transparency may also raise concerns about the protection of sensitive information related to ongoing investigations or disciplinary matters.

Summary

Senate Bill 1097 aims to amend the Law Enforcement Officer Separation of Service Record Act to enhance transparency and accountability in the law enforcement employment process in Michigan. The bill expands on the requirements for creating and maintaining service records for law enforcement officers, establishing distinct definitions for separated officers and those in the process of separating from their current employment. It mandates the timely creation of separation of service records and provisional service records, ensuring that these documents are definitive and not subject to alteration after finalization. This bolstered record-keeping is intended to foster better oversight and compliance with licensing standards set by the Michigan Commission on Law Enforcement Standards.

Contention

Notably, SB1097 may face contention regarding the balance between accountability and the rights of law enforcement officers. While advocates argue that maintaining detailed servicerecords is vital for public safety and accountability, opponents may express concerns about the potential misuse of such records, stigma in future employments, or breaches of privacy. The requirement for provisional records also raises questions about how agencies handle disagreements concerning the accuracy of these records — an aspect that necessitates strict procedural adherence to ensure fairness and due process for officers involved. As these discussions unfold, the implications of SB1097 could reshape the landscape of recruitment and employment practices within Michigan's law enforcement agencies.