Bill Text: MI HB4233 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Law enforcement; local police; high-speed chase policy; modify. Creates new act.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2015-02-25 - Printed Bill Filed 02/25/2015 [HB4233 Detail]
Download: Michigan-2015-HB4233-Introduced.html
HOUSE BILL No. 4233
February 24, 2015, Introduced by Reps. Neeley, Rutledge, Moss, Smiley, Robinson, Gay-Dagnogo, Garrett, Chang, Phelps, Yanez, Banks, Byrd, Santana, Faris, Irwin, Durhal, Hovey-Wright, Talabi, Guerra, Love, Zemke and Kosowski and referred to the Committee on Local Government.
A bill to create the state police motor vehicle pursuit policy
act; to regulate motor vehicle pursuits by the department of state
police in certain municipalities; and to prescribe the powers and
duties of certain state and local agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "state
police motor vehicle pursuit policy act".
Sec. 2. As used in this act:
(a) "Local pursuit policy" means a written policy in a
municipality providing the standards by which a peace officer
within the boundaries of that municipality may conduct motor
vehicle pursuits.
(b) "Motor vehicle pursuit" means an active attempt by a peace
officer, who is operating a motor vehicle, to apprehend an
individual, who is also operating a motor vehicle, while the
individual is trying to avoid capture by using high-speed driving
or other evasive tactics including, but not limited to, driving off
any surface, excluding interstate highways, that accommodates motor
vehicle or pedestrian traffic, making sudden or unexpected
movements, or driving on the wrong side of the road.
(c) "Municipality" means a city whose law enforcement agency
is supported by the department of state police's secure cities
partnership initiative.
(d) "Peace officer" means a sheriff or sheriff's deputy, a
village or township marshal, an officer of the police department of
any city, village, or township, an officer of the department of
state police, or any peace officer who is trained and certified
under the commission on law enforcement standards act, 1965 PA 203,
MCL 28.601 to 28.616.
Sec. 3. All of the following conditions apply with respect to
motor vehicle pursuits conducted by a peace officer or peace
officers of the department of state police within the bounds of a
municipality:
(a) The pursuit shall be conducted in conformity with the
municipality's local pursuit policy.
(b) Any peace officer of a municipality that has adopted a
local pursuit policy has the authority to order the end of a motor
vehicle pursuit conducted by a peace officer or peace officers of
the department of state police within that municipality if that
motor vehicle pursuit does not conform to the municipality's local
pursuit policy.
(c) If a municipality does not have a local pursuit policy,
officers of the department of state police shall conduct a motor
vehicle pursuit in that municipality in conformity with the
policies of the department of state police.
Sec. 4. During a motor vehicle pursuit, a peace officer
initiating the motor vehicle pursuit shall immediately notify the
dispatcher that the peace officer is in a motor vehicle pursuit and
shall report the following information:
(a) Known violation or reason for the pursuit.
(b) Description of the pursued vehicle.
(c) Location and direction of travel of the pursued vehicle.
(d) Speed of the pursued vehicle.
(e) Number of known occupants in the vehicle.
(f) Type of weapons in the vehicle, if known.
Sec. 5. Any peace officer involved in a motor vehicle pursuit
that begins in 1 county, city, village, or township and crosses
into another county, city, village, or township in which the notice
under section 4 was not given may give the notice required under
section 4 to the dispatcher in the other county, city, village, or
township.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
