Bill Text: MI HB5181 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Law enforcement; peace officers; arrest authority of certain peace officers; expand to include airport authority police in certain circumstances. Amends sec. 2a, ch. IV of 1927 PA 175 (MCL 764.2a).
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2016-11-29 - Assigned Pa 326'16 With Immediate Effect [HB5181 Detail]
Download: Michigan-2015-HB5181-Chaptered.html
Act No. 326
Public Acts of 2016
Approved by the Governor
November 22, 2016
Filed with the Secretary of State
November 22, 2016
EFFECTIVE DATE: February 20, 2017
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Heise, Hughes, Santana, Plawecki, Darany, Yanez and Liberati
ENROLLED HOUSE BILL No. 5181
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483.
The People of the State of Michigan enact:
CHAPTER IV
Sec. 2a. (1) A peace officer of a county, city, village, township, public airport authority, or university of this state may exercise the authority and powers of a peace officer outside the geographical boundaries of the officer’s county, city, village, township, public airport authority, or university under any of the following circumstances:
(a) If the officer is enforcing the laws of this state in conjunction with the Michigan state police.
(b) If the officer is enforcing the laws of this state in conjunction with a peace officer of any other county, city, village, township, public airport authority, or university in which the officer may be.
(c) If the officer has witnessed an individual violate any of the following within the geographical boundaries of the officer’s county, city, village, township, public airport authority, or university and immediately pursues the individual outside of the geographical boundaries of the officer’s county, city, village, township, public airport authority, or university:
(i) A state law or administrative rule.
(ii) A local ordinance.
(iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction.
(d) If a public airport authority officer has witnessed an individual violate any of the following while the individual is outside the geographical boundaries of the public airport authority but the violation committed by the individual occurs within the airspace above the public airport authority and immediately pursues the individual:
(i) A state law or administrative rule.
(ii) A local ordinance.
(iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction.
(2) The officer pursuing an individual under subsection (1)(c) or (d) may stop and detain the person outside the geographical boundaries of the officer’s county, city, village, township, public airport authority, or university for the purpose of enforcing that law, administrative rule, or ordinance or enforcing any other law, administrative rule, or ordinance before, during, or immediately after the detaining of the individual. If the violation or pursuit involves a vessel moving on the waters of this state, the officer pursuing the individual may direct the operator of the vessel to bring the vessel to a stop or maneuver it in a manner that permits the officer to come beside the vessel.
(3) As used in this section, “public airport authority” means an authority created under section 110 or a regional authority created under section 139 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.110 and 259.139, that is a political subdivision and instrumentality of the local government that owns the airport and is considered a public agency of the local government for purposes of state and federal law.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
