February 21, 2012, Introduced by Reps. Stallworth, Rutledge, Hovey-Wright, Howze, Womack, Irwin, Liss, Durhal, Santana, Dillon, Brunner, Stapleton, McCann, Haugh, Stanley, Ananich, Hobbs, Rogers, Shaughnessy, O'Brien, Poleski, Yonker and Talabi and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
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 either 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.
(c) "Commission" means the commission on law enforcement
standards created in section 3.
(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 is appointed pursuant to 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 pursuant to 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 pursuant to 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(3).(9).
(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(7).9(8).
(v) A county prosecuting attorney's investigator sworn and
fully empowered by the sheriff of that county.
(vi) Until December 31, 2007, a law enforcement officer
of a
school
district in this state that has a membership of at least
20,000
pupils and that includes in its territory a city with a
population
of at least 180,000 as of the most recent federal
decennial
census.
(vi) (vii) A fire
arson investigator from a fire department
within
a city with a population of not less than 750,000 600,000
who is sworn and fully empowered by the city chief of police.
(m)
"Rule" means a rule promulgated pursuant to under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.