2002 Senate Bill 1358 / Public Act 506

Introduced in the Senate

May 23, 2002

Introduced by Sen. Willis Bullard (R-15)

To reverse a provision of a recently-passed bill (Senate Bill 730) which would make a search warrant affidavit "non-public" information. The affidavit establishes probable grounds for issuing a warrant, and contains information regarding an alleged crime. The bill would a search warrant, affidavit, or seized property tabulation contained in any court file or record retention system public information, except for the affidavit, which would become public information 56 days after a search warrant is issued. A judge could suppress an affidavit if its release would jeopardize an ongoing investigation, the privacy, or the safety of a crime victim or witness.

Referred to the Committee on Judiciary

May 30, 2002

Amendment offered

To clarify a technical provision in the bill so the language of the amended law is internally consistent.

The amendment passed by voice vote

Passed in the Senate 31 to 6 (details)

Received in the House

May 30, 2002

To reverse a provision of a recently-passed bill (Senate Bill 730) which would make a search warrant affidavit "non-public" information. The affidavit establishes probable grounds for issuing a warrant, and contains information regarding an alleged crime. The bill would a search warrant, affidavit, or seized property tabulation contained in any court file or record retention system public information, except for the affidavit, which would become public information 56 days after a search warrant is issued. A judge could suppress an affidavit if its release would jeopardize an ongoing investigation, the privacy, or the safety of a crime victim or witness.

June 19, 2002

Amendment offered

To strike out erroneous references to “district court magistrate,” which is technically an appointed, quasi-judicial officer, who possesses far more limited powers than a judge. This does not affect the substance of the bill as previously described.

The amendment passed by voice vote

Amendment offered by Rep. Jennifer Faunce (R-29)

To establish a new date on which the bill will go into effect if passed.

The amendment passed by voice vote

Amendment offered by Rep. Leon Drolet (R-33)

To establish that the suppression by a court of a search warrant affidavit expires after 55 days, and any new suppression order must be obtained with the same procedures as the first.

The amendment passed by voice vote

June 27, 2002

Passed in the House 84 to 18 (details)

To reverse a provision of a recently-passed bill (Senate Bill 730) which would make a search warrant affidavit "non-public" information. The affidavit establishes probable grounds for issuing a warrant, and contains information regarding an alleged crime. The bill would a search warrant, affidavit, or seized property tabulation contained in any court file or record retention system public information, except for the affidavit, which would become public information 56 days after a search warrant is issued. A judge could suppress an affidavit if its release would jeopardize an ongoing investigation, the privacy, or the safety of a crime victim or witness. The suppression of an affidavit would expire after 55 days, and any new suppression order would require the same procedures as the first.

Received in the Senate

June 27, 2002

July 9, 2002

Passed in the Senate 30 to 6 (details)

To concur with the House-passed version of the bill.

Signed by Gov. John Engler

July 19, 2002