2024 House Bill 5716

Criminal procedure: arrests; required removal of religious head coverings for police photographs; prohibit.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 25c to chapter IV.

AI Analysis – Experimental

This bill ensures that individuals arrested while wearing religious garb covering their hair or face can retain their garb unless posing an immediate threat. In such cases, removal should be done by an officer of the same sex in a private area, with exceptions if the safety of the officer or individual is at risk. The bill outlines procedures for taking booking photographs with religious garb, ensuring privacy and respect for religious practices. Photographs taken without the religious garb are confidential and exempt from disclosure under the freedom of information act. Additionally, if religious garb is removed due to a threat, replacement garb must be provided, and any booking photographs taken in violation of these rules must be destroyed and retaken in compliance. The bill emphasizes accommodating religious practices while maintaining safety and privacy during the arrest process.

Introduced in the House

May 7, 2024

Introduced by Rep. Alabas Farhat (D-3) and five co-sponsors

Co-sponsored by Reps. Abraham Aiyash (D-9), Ranjeev Puri (D-24), Sharon MacDonell (D-56), Erin Byrnes (D-15) and Noah Arbit (D-20)

Referred to the Committee on Judiciary

Dec. 4, 2024

Reported without amendment

Dec. 13, 2024

Substitute H-2 offered by Rep. Alabas Farhat (D-3)

The substitute passed by voice vote

Passed in the House 56 to 0 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote