Michigan Laws 752.3 – Maintaining membership, supplying information to, or maintaining files supplied by interstate law enforcement intelligence organization; conditions; exceptions; effective date of section
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(1) Except as provided in section 2, a law enforcement agency shall not maintain membership, supply information to, or maintain files supplied by an interstate law enforcement intelligence organization unless all of the following conditions are met by the interstate law enforcement intelligence organization:
(a) The organization is governed by a citizen oversight body which has the authority to periodically review the files maintained by the organization.
Terms Used In Michigan Laws 752.3
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- File: means all information about an individual recorded and retained by a law enforcement intelligence organization regardless of how the information is stored. See Michigan Laws 752.1
- Individual: means a natural person or a parent or guardian of a natural person who is less than 18 years of age, unless the person who is less than 18 years of age indicates otherwise. See Michigan Laws 752.1
- Interstate law enforcement intelligence organization: means any intelligence gathering organization whose purpose is to promote the gathering, recording, and interstate exchange of confidential information not available through regular police channels and which provides a central clearinghouse for information dissemination to its membership. See Michigan Laws 752.1
- Law enforcement agency: means a state or local police department, a sheriff's department, a county prosecutor's office, the department of attorney general, or any other department or agency which enforces the laws of this state or the ordinances of a county, township, city, or village. See Michigan Laws 752.1
- Oversight: Committee review of the activities of a Federal agency or program.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) The files maintained by an organization are relevant to a criminal investigation or pertinent to and within the scope of an authorized law enforcement activity.
(c) The organization does not maintain a record describing how an individual exercises rights guaranteed by the first amendment of the constitution of the United States.
(d) The organization has established guidelines which provide for the review of files at regular intervals to insure the accuracy and legality of the file information.
(e) The organization has established guidelines which provide for the destruction of outdated or inaccurate information.
(f) The organization permits its files located in a state with a freedom of information act to be accessible to the public in accordance with that act.
(2) This section shall take effect July 1, 1983.