May 3, 2018, Introduced by Rep. Love and referred to the Committee on Law and Justice.
A bill to authorize the formation of homicide review teams
with certain powers and duties; and to provide for the powers and
duties of certain state and local governmental officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This state, a county, or a city may establish an
interagency homicide review team. Two or more counties, 2 or more
cities, or 1 or more counties with 1 or more cities may establish a
single homicide review team for that county or city, or for those
counties or cities. The purpose of a homicide review team is to
identify systemic gaps in homicide investigations, and to evaluate
and make recommendations regarding resources that assist families
affected by homicides and that address potential root causes of
homicides. Subject to the requirements of this section, each
homicide review team may determine its structure and specific
activities.
(2) A homicide review team may review files and records, and
interview individuals who may have knowledge regarding a homicide.
The review of a homicide may include a review of events leading up
to the fatality, available community resources, current laws and
policies, actions taken by the agencies and individuals related to
the incident and the parties involved, and any other information
considered relevant by the homicide review team. The homicide
review team may determine the number and type of incidents it
wishes to review and analyze.
(3) A homicide review team and its members are entitled to the
protections granted under this section if the homicide review team
is convened under this section and in compliance with the
requirements of this section. Except as provided under subsection
(6), a homicide review team must be convened by an appropriate
city, county, or district local health department.
(4) A homicide review team established under this section must
include, but is not limited to, the following members from within
the geographic area served by the homicide review team:
(a) One representative from each of the following:
(i) A local health department.
(ii) A law enforcement agency.
(iii) The state court administrative office or the
administrative office of a circuit or district court.
(iv) The office of the sheriff.
(v) The department of health and human services.
(vi) The business community.
(vii) A program that provides crime victims' services.
(b) The medical examiner or his or her designee.
(c) The county prosecutor or city attorney or his or her
designee.
(d) The United States Attorney or his or her designee.
(e) A judge or magistrate.
(f) A probation officer.
(5) A homicide review team established under this section may
include a member or members not listed in subsection (4) if the
individual or individuals have knowledge regarding homicides or
nonlethal incidents of violence and suicide, including research,
policy, law, or other matters connected with fatal incidents.
(6) If a state homicide review team is convened, the state
homicide review team must be convened by the department of health
and human services.
(7) Subject to this subsection and subsection (10),
information obtained or created by or for a homicide review team is
confidential and not subject to discovery or the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. Documents
created by or for the homicide review team are not subject to
subpoena, except that documents and records otherwise available
from other sources are not exempt from subpoena, discovery, or
introduction into evidence from other sources solely because they
were presented to or reviewed by a homicide review team.
Information relevant to the investigation of a crime may be
disclosed by a homicide review team only to the prosecuting
attorney or to a law enforcement agency. Information required to be
reported under the child protection law, 1975 PA 238, MCL 722.621
to 722.638, must be disclosed by a homicide review team to the
department of health and human services. A prosecuting attorney, a
law enforcement agency, and the department of health and human
services may use information received under this subsection in
carrying out their lawful responsibilities. Individuals and the
organizations represented by individuals who participate as members
of a homicide review team shall sign a confidentiality agreement
acknowledging the confidentiality provisions of this section.
(8) An individual who provides information to a homicide
review team shall sign a confidentiality notice acknowledging that
any information he or she provides to a homicide review team must
be kept confidential by the homicide review team, but is subject to
possible disclosure to the prosecuting attorney, a law enforcement
agency, or the department of health and human services as provided
in subsection (7).
(9) Homicide review team meetings are closed to the public and
are not subject to the open meetings act, 1976 PA 267, MCL 15.261
to 15.275. A document that contains personal identifying
information must not be disclosed in any report that is available
to the public.
(10) A homicide review team convened under this section shall
prepare an annual report of findings, recommendations, and steps
taken to implement recommendations. The report must not contain
information identifying any victim of a homicide, or that
individual's family members, or an alleged or suspected perpetrator
of a crime upon a victim, or that individual's family members. The
report must cover each calendar year or portion of a calendar year
during which a homicide review team is convened, and the report
must be provided to the local or state governing entity on or
before March 1 of the following year. If a homicide review team
develops a form to report annual findings and recommendations,
other homicide review teams may use that form.
(11) A person who violates the confidentiality provisions of
this section is guilty of a misdemeanor.
(12) A homicide review team, any member of a homicide review
team, any individual providing information to a homicide review
team, or any other person or agency acting within the scope of this
section is immune from all civil liability resulting from an act or
omission arising out of and in the course of the homicide review
team's, member's, individual's, person's, or agency's performance
of that activity, unless the act or omission was the result of
gross negligence or willful misconduct. This section must not be
construed to limit the immunity conferred by 1964 PA 170, MCL
691.1401 to 691.1419, or any other immunity provided by statute or
common law.
(13) Subject to available funding, a homicide review team may
do any of the following:
(a) Hold 1 or more town hall meetings each calendar year for
community input if policy, ordinance, and community resources are
recommended.
(b) Produce public service announcements to raise community
awareness about the adverse public health impact of homicides.
(c) Form a rapid response team to provide behavioral health
services to communities experiencing trauma after a homicide.
(14) If a homicide review team develops a protocol, other
homicide review teams may follow that protocol.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.