Michigan Senate Bill SB0914

Michigan 2023-2024 Regular Session

• Introduced: 6/12/24
• Refer: 6/12/24

Caption

Criminal procedure: other; certain requirements for the use of informants in criminal proceedings; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 36a, 36b, 36c, 36d, 36e, 36f & 36g to ch. VIII.

Impact

The implementation of SB0914 would significantly alter how prosecuting attorneys handle testimony from in-custody informants. Specifically, it mandates that prosecuting offices keep detailed records of any benefits provided to informants in exchange for their testimony, and this information must be shared with relevant departments. Additionally, if informants receive any benefit, victims in related cases are required to be notified, thereby increasing the transparency of dealings with informants and enhancing victims' rights within the judicial process.

Summary

Senate Bill No. 914 aims to amend the Michigan Code of Criminal Procedure by introducing specific provisions related to the use of in-custody informants in criminal proceedings. The bill provides clear definitions of key terms such as 'in-custody informant' and 'benefit,' detailing the circumstances under which informants provide testimony or information against defendants. These changes are intended to enhance the scrutiny and regulation surrounding the use of informants, particularly to ensure that the integrity of the judicial process is upheld.

Contention

Opponents of the bill may argue that these additional requirements could complicate prosecution efforts, particularly in cases heavily reliant on informant testimony. There may be concerns that the legislation could hinder the ability of law enforcement to gather essential evidence against criminal defendants. On the other hand, proponents assert that the bill will reduce potential misuse of informant testimonies, which are often seen as unreliable due to their motivations for providing information, thereby improving the overall fairness and reliability of criminal trials.