Mich. Comp. Laws » Michigan Compiled Laws / Chapter 15 / Act 563 of 2006

Mich. Comp. Laws § 15.395

Confidential communication; exception.

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DISCLOSURES BY LAW ENFORCEMENT OFFICERS ACT


Act 563 of 2006


15.395 Confidential communication; exception.

Sec. 5.

    An involuntary statement made by a law enforcement officer is a confidential communication that is not open to public inspection. The statement may be disclosed by the law enforcement agency only under 1 or more of the following circumstances:

    (a) With the written consent of the law enforcement officer who made the statement.

    (b) To a prosecuting attorney or the attorney general pursuant to a search warrant, subpoena, or court order, including an investigative subpoena issued under chapter VIIA of the code of criminal procedure, 1927 PA 175, MCL 767a.1 to 767a.9. However, a prosecuting attorney or attorney general who obtains an involuntary statement under this subdivision shall not disclose the contents of the statement except to a law enforcement agency working with the prosecuting attorney or attorney general or as ordered by the court having jurisdiction over the criminal matter or, as constitutionally required, to the defendant in a criminal case.

    (c) To officers of, or legal counsel for, the law enforcement agency or the collective bargaining representative of the law enforcement officer, or both, for use in an administrative or legal proceeding involving a law enforcement officer's employment status with the law enforcement agency or to defend the law enforcement agency or law enforcement officer in a criminal action. However, a person who receives an involuntary statement under this subdivision shall not disclose the statement for any reason not allowed under this subdivision, or make it available for public inspection, without the written consent of the law enforcement officer who made the statement.

    (d) To legal counsel for an individual or employing agency for use in a civil action against the employing agency or the law enforcement officer. Until the close of discovery in that action, the court shall preserve by reasonable means the confidentiality of the involuntary statement, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, or ordering any person involved in the litigation not to disclose the involuntary statement without prior court approval.

History: 2006, Act 563, Imd. Eff. Dec. 29, 2006

Notes of Decisions
Cited in 6 cases, 2014–2020 · leading case: Myers v. City of Portage
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Myers v. City of Portage (2014) michctapp · cites it 11× “Instead, plaintiffs merely asserted that his general references to their dismissal violated MCL 15.395. Plaintiff Louis also claimed that he and defendants made an agreement with regard to his resignation, and that defendants breached that agreement when White discussed the…”
People of Michigan v. William Little (2016) mich · cites it 4× “21 MCL 15.395. 22 See, e.g., MCL 780.702(3); MCL 750.”
People v. Hughes (2014) michctapp · cites it 3× “”) The Legislature’s enactment of MCL 15.395 in the disclosures by law enforcement officers act also demonstrates its intention to codify broader protections for officers’ involuntary statements by making them confidential communications, except under limited circumstances.”
People of Michigan v. Nevin Hughes (2016) mich · cites it 2× “21 MCL 15.395. 22 See, e.g., MCL 780.702(3); MCL 750.”
Michigan State Police Troopers Assn Inc v. Dept of State Police (2020) michctapp · cites it 2× “” Under the Disclosures by Law Enforcement Officers Act (DLEOA), MCL 15.395 et seq., the complaint continues, involuntary statements made by law enforcement officers are confidential and not subject to disclosure absent written consent.”
Michigan State Police Troopers Assn Inc v. Dept of State Police (2020) michctapp “” Lastly, Count III, pleaded as an alternative basis for relief, asked the court to declare that the Disclosures by Law Enforcement Officers Act (DLEOA), MCL 15.395 et seq., prevents disclosure of internal affairs investigation reports because the DLEOA renders “involuntary…”
— Mich. Comp. Laws § 15.395(b) — 1 case
People v. Hughes (2014) michctapp “”) The Legislature’s enactment of MCL 15.395 in the disclosures by law enforcement officers act also demonstrates its intention to codify broader protections for officers’ involuntary statements by making them confidential communications, except under limited circumstances.”
— Mich. Comp. Laws § 15.395(d) — 1 case
People v. Hughes (2014) michctapp “”) The Legislature’s enactment of MCL 15.395 in the disclosures by law enforcement officers act also demonstrates its intention to codify broader protections for officers’ involuntary statements by making them confidential communications, except under limited circumstances.”
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