2005 Senate Bill 647 / 2006 Public Act 563

Prohibit release of certain police statements

Introduced in the Senate

June 28, 2005

Introduced by Sen. Alan Sanborn (R-11)

To prohibit the release to a third party of certain statements made by a police officer to his or her employer about official duty actions, unless the officer gives written consent for the release. This refers to so-called "Garrity statements" (referencing a 1967 U.S. Supreme Court case), which are statements made under threat of discharge. Due to the their coercive nature these statements may not be used in a criminal case against an office without violating his or her Fifth Amendment protection from self incrimination.

Referred to the Committee on Judiciary

Nov. 29, 2006

Reported without amendment

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

Dec. 5, 2006

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the Senate 30 to 7 (details)

Received in the House

Dec. 5, 2006

Referred to the Committee on Judiciary

Dec. 6, 2006

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 14, 2006

Passed in the House 106 to 0 (details)

To prohibit the release to a third party of certain statements made by a police officer to his or her employer about official duty actions, unless the officer gives written consent for the release. This refers to so-called "Garrity statements" (referencing a 1967 U.S. Supreme Court case), which are statements made under threat of discharge. Due to the their coercive nature these statements may not be used in a criminal case against an office without violating his or her Fifth Amendment protection from self incrimination.

Signed by Gov. Jennifer Granholm

Dec. 28, 2006