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HB 6115

Law enforcement: records; law enforcement officer separation of service record act; revise. Amends secs. 1, 2, 3 & 5 of 2017 PA 128 (MCL 28.561 et seq.); designates secs. 1 & 2 as art. 1 & secs. 3 & 5 as art. 2 & adds arts. 3 & 4.

2023-2024 Regular Session Introduced by Abraham Aiyash and 2 co-sponsors

HB 6115 standardizes separation and provisional service records for Michigan officers, tightens timelines, and strengthens review rights to boost transparency and accuracy.

referred to second reading
#lawenforcement:records
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WeVote Research Nonpartisan
Bill Summary · HB 6115

Summary: House Bill 6115 (Introduced Jan 22, 2025)

This analysis covers HB 6115, which would revise Michigan’s Law Enforcement Officer Separation of Service Record Act by reorganizing the statute, expanding and clarifying record contents, and creating a parallel process for officers who are separating to another agency (provisional service records). The bill would rename the act and divide it into four articles.

Purpose and intent

  • Modernize and clarify how law enforcement agencies maintain, release, and manage two types of records related to officer separations: separation of service records (for officers who have left) and provisional service records (for officers who are separating and seeking employment with a prospective agency).
  • Create standardized procedures and timelines to improve transparency, review rights, and consistency across agencies.
  • Require content aligned with Michigan Commission on Law Enforcement Standards (MCOLES) requirements and forms.

Key provisions and changes

  • Renaming and structure:
    • Change the act’s title to the Law Enforcement Officer Service Records Act.
    • Divide into four articles: Definitions (Article 1), Separation of Service Records (Article 2), Provisional Service Records (Article 3), General Provisions (Article 4).
  • Definitions:
    • Introduces defined terms for “separated law enforcement officer” and “separating law enforcement officer,” along with roles for former and current employing agencies.
  • Separation of service records (for officers who have left):
    • Former agency must create and maintain a separation of service record detailing reasons and circumstances of separation, including active disciplinary/ investigation information within the year prior to separation, in a form prescribed by MCOLES.
    • Finalize the separation of service record within five business days after separation.
    • After finalization, provide written notice within three days to the officer, outlining: finalization, right to review, right to disagree, and right to request a supplement if inaccuracies are found.
    • If the officer requests a review, the agency must provide the record within three days of the request.
    • If inaccuracies are claimed, the officer has seven calendar days to request correction or disclaimer; the agency and officer may agree on a supplement within seven days; if no agreement, the officer may submit a written position within seven days, which would be kept with the record and provided to prospective agencies.
  • Provisional service records (for officers who are separating and seeking employment elsewhere):
    • Allow (but do not require) a current agency to create a provisional service record upon a signed waiver allowing prospective agencies to contact the current agency.
    • Provisional records must meet MCOLES requirements and include relevant disciplinary/ performance/ investigations from the past year.
    • Finalize the provisional record within five business days after receiving the waiver.
    • All other provisions and procedures mirror those for separation of service records.
  • Waivers:
    • Replaces a waiver timing requirement with one that must be submitted when the separating officer applies for employment (not only after a conditional offer).
  • General provisions:
    • Indemnity for good-faith disclosures, presumption of good faith, and requirement to provide records to MCOLES upon request.
    • Creation and maintenance of one type of record does not relieve obligations to maintain the other.
  • Effective date:
    • The act would take effect 90 days after enactment.

Who would be affected

  • Law enforcement agencies (state and local) that maintain separation and employment history records.
  • Former and current employing agencies handling separation and provisional service records.
  • Michigan officers who separate or are separating to another agency and are seeking employment elsewhere.
  • Prospective employing agencies seeking access to provisional or separation records (via waivers and the review process).

Procedural and timeline aspects

  • Finalization windows: five business days for both separation and provisional records after separation or waiver.
  • Notification windows: three days to notify separated officers after finalization; three days to respond to review requests.
  • Review and correction windows: seven days to request corrections; seven days to reach agreement on supplements; fallback seven days for officer’s written statements if no agreement.
  • 90-day effective date after enactment.

Overall, HB 6115 aims to standardize and enhance transparency, accuracy, and accessibility of law enforcement service records during and after officer separations, with clear timelines and rights for officers.

Compiled from official sources — confirm details with the bill’s official record.

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