2003 House Bill 5394

Introduced in the House

Dec. 30, 2003

Introduced by Rep. Larry Julian (R-85)

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

Feb. 24, 2004

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

March 10, 2004

Substitute offered

To replace the previous version of the bill with one recommended by the committee which reported it. The substitute incorporates technical changes resulting from committee testimony and deliberation. This version was subsequently superceded by another substitute with more technical changes.

The substitute failed by voice vote

Substitute offered by Rep. Jim Howell (R-94)

To replace the previous version of the bill with one containing technical changes that do not affect its substance as previously described. It would also expand the scope of the bill to cover the law enforcement agency of an airport authority, a community college, or a university.

The substitute passed by voice vote

Amendment offered by Rep. Jim Howell (R-94)

To clarify that the statements may be disclosed to defend the officer in a criminal proceeding, rather than a civil one.

The amendment passed by voice vote

Passed in the House 72 to 29 (details)

Received in the Senate

March 11, 2004

Referred to the Committee on Judiciary