Bill Text: MI HB5716 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: arrests; required removal of religious head coverings for police photographs; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 25c to ch. IV.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-05-08 - Bill Electronically Reproduced 05/08/2024 [HB5716 Detail]
Download: Michigan-2023-HB5716-Introduced.html
HOUSE BILL NO. 5716
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 25c to chapter IV.
the people of the state of michigan enact:
Sec. 25c. (1) Subject to subsection (4), if an individual who is wearing religious garb that covers the individual's hair or face is arrested and is being taken into custody, the individual must be allowed to continue wearing and retain the religious garb so long as the individual does not pose an immediate threat to the individual's self or to others. If the individual poses an immediate threat to the individual's self or to others, the arresting law enforcement officer shall attempt to reach a law enforcement officer of the same sex immediately to be present while the individual removes the individual's religious garb.
(2) Subject to subsection (4), the law enforcement officer of the same sex shall conduct the removal of any religious garb in an area that is as private as is practical under the circumstances, taking all steps reasonably necessary to ensure that individuals of the opposite sex are not present during the removal.
(3) The following conditions apply to the taking of a law enforcement booking photograph of an individual who is arrested while wearing religious garb that covers the individual's hair or face:
(a) Subject to subsection (4), an officer of the same sex as the arrested individual shall take the booking photographs as follows:
(i) For an individual who is wearing religious garb that covers only the individual's hair and not the individual's face, the officer shall take 2 photographs, front and profile, with the religious garb on. These photographs must be conducted without the removal of any religious garb that covers the individual's hair, unless upon visual inspection by the law enforcement officer, an identifying mark or characteristic exists that would not be visible with the religious garb on. If an identifying mark or characteristic exists, the law enforcement officer shall take photographs of that mark or characteristic.
(ii) For an individual who is wearing religious garb that covers both the individual's face and the individual's hair, the officer shall take 2 photographs, front and profile, with the religious garb on, and 2 photographs, front and profile, removing only the piece of religious garb that covers the individual's face. The photographs that require the removal of the religious garb that covers the individual's face must be conducted without the removal of any hair covering, unless upon visual inspection by the law enforcement officer, an identifying mark or characteristics exists that would not be visible with the religious garb on. If an identifying mark or characteristic exists, the law enforcement officer shall take photographs of that mark or characteristic.
(b) Any photographs taken under subparagraphs (i) and (ii) that include the arrested individual without the individual's religious garb are confidential and are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) All reasonable efforts must be made to ensure that a law enforcement officer of the same sex undertakes searches incident to arrest and the taking of booking photographs under this section. However, if reasonable efforts have been made and a law enforcement officer of the same sex cannot be made available or if the particular circumstances present a danger to the safety of a law enforcement officer or the arrested individual, the requirement that an officer of the same sex perform these duties does not apply.
(5) If an individual wearing religious garb is not to be released immediately and the individual was required to remove the religious garb under subsection (1) because the individual posed an immediate threat of harm to the individual's self or others, the individual must be provided replacement religious garb that is designed in a manner that it covers the individual's hair but is not capable of being used by the individual for self-harm. If an individual has been allowed to retain and wear the individual's religious garb under subsection (1), the individual must be allowed to retain and wear the individual's own religious garb for the time period the individual is in custody so long as the retention and wearing of the individual's religious garb does not pose an immediate threat to the individual's self or to others.
(6) A booking photograph taken in violation of this section must be destroyed and retaken in compliance with this section.
