Bill Text: MI HB4344 | 2013-2014 | 97th Legislature | Chaptered

Michigan House Bill 4344 (Prior Session Legislation)

Bill Title: Law enforcement; other; population threshold for purpose of defining fire arson investigator as a police officer under the commission on law enforcement standards act; revise to not less than 600,000 and expand definition of certification. Amends sec. 2 of 1965 PA 203 (MCL 28.602).

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2013-12-03 - Assigned Pa 170'13 With Immediate Effect [HB4344 Detail]

Download: Michigan-2013-HB4344-Chaptered.html

Act No. 170

Public Acts of 2013

Approved by the Governor

November 18, 2013

Filed with the Secretary of State

November 18, 2013

EFFECTIVE DATE: November 18, 2013

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Reps. Stallworth, Talabi, Rutledge, Kosowski, Yanez, Stanley, Tlaib, Greimel and Durhal

ENROLLED HOUSE BILL No. 4344

AN ACT to amend 1965 PA 203, entitled “An act to provide for the creation of the commission on law enforcement standards; to prescribe its membership, powers, and duties; to prescribe the reporting responsibilities of certain state and local agencies; to provide for additional costs in criminal cases; to provide for the establishment of the law enforcement officers training fund; and to provide for disbursement of allocations from the law enforcement officers training fund to local agencies of government participating in a police training program,” by amending section 2 (MCL 28.602), as amended by 2004 PA 379.

The People of the State of Michigan enact:

Sec. 2. As used in this act:

(a) “Certificate” means a numbered document issued by the commission to a person who has received certification under this act.

(b) “Certification” means any of the following:

(i) A determination by the commission that a person meets the law enforcement officer minimum standards to be employed as a commission certified law enforcement officer and that the person is authorized under this act to be employed as a law enforcement officer.

(ii) A determination by the commission that a person was employed as a law enforcement officer before January 1, 1977 and that the person is authorized under this act to be employed as a law enforcement officer.

(iii) A determination by the commission that a person satisfies the requirements set forth in a recommendation of the commission to and approved by the legislature on the feasibility of interstate reciprocity of certification of everyone that was employed as a law enforcement officer of another state within the previous 12 months, and that state maintains standards substantially similar to law enforcement officer minimum standards.

(d) “Contested case” means that term as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.203.

(e) “Executive director” means the executive director of the commission appointed under section 12.

(f) “Felony” means a violation of a penal law of this state or another state that is either of the following:

(i) Punishable by a term of imprisonment greater than 1 year.

(ii) Expressly designated a felony by statute.

(g) “Fund” means the law enforcement officers training fund created in section 13.

(h) “Law enforcement officer minimum standards” means standards established by the commission under this act that a person must meet to be eligible for certification under section 9a(1).

(i) “Law enforcement officer of a Michigan Indian tribal police force” means a regularly employed member of a police force of a Michigan Indian tribe who was appointed under former 25 CFR 12.100 to 12.103.

(j) “Michigan Indian tribe” means a federally recognized Indian tribe that has trust lands located within this state.

(k) “Multicounty metropolitan district” means an entity authorized and established by state law by 2 or more counties with a combined population of not less than 3,000,000, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks.

(l) “Police officer” or “law enforcement officer” means, unless the context requires otherwise, any of the following:

(i) A regularly employed member of a law enforcement agency authorized and established by law, including common law, who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state. Police officer or law enforcement officer does not include a person serving solely because he or she occupies any other office or position.

(ii) A law enforcement officer of a Michigan Indian tribal police force, subject to the limitations set forth in section 9(7).

(iii) The sergeant at arms or any assistant sergeant at arms of either house of the legislature who is commissioned as a police officer by that respective house of the legislature as provided by the legislative sergeant at arms police powers act, 2001 PA 185, MCL 4.381 to 4.382.

(iv) A law enforcement officer of a multicounty metropolitan district, subject to the limitations of section 9(8).

(v) A county prosecuting attorney’s investigator sworn and fully empowered by the sheriff of that county.

(vi) A fire arson investigator from a fire department within a village, city, township, or county who is sworn and fully empowered by the chief of police of that village, city, township, or county.

(m) “Rule” means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor