A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 36a, 36b, 36c, 36d, 36e, 36f, and 36g to chapter VIII.
Senate Bill No. 914 proposed to add several sections regulating the use of in-custody informants in criminal proceedings to chapter VIII of the Michigan Code of Criminal Procedure.
It defines critical terms such as "benefit" and "in-custody informant," clarifying the scope of who is considered an in-custody informant and what constitutes a benefit for their cooperation.
The bill mandates that prosecuting attorneys' offices must track and report the use of testimony or information provided by in-custody informants, including any benefits offered to them. This information is to be submitted to the Department of Corrections and the Department of State Police, which will maintain a confidential statewide record.
Prosecuting attorneys are required to disclose to the defense, at least 21 days before trial or any pretrial hearing, relevant information about an in-custody informant's credibility. This includes any benefits offered to the informant, details of statements made by the informant or defendant, the informant's criminal history, and any previous instances where the informant provided information in exchange for benefits.
If an in-custody informant's testimony is used in court, a cautionary instruction must be given to the jury. This instruction emphasizes the need for careful scrutiny of the informant's testimony due to potential biases and motivations stemming from benefits offered.
The bill seeks to enhance transparency and fairness in the use of in-custody informants in criminal proceedings by establishing clear guidelines for their use and ensuring that defense teams are fully informed about the credibility and background of such informants.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
