Bill Text: MI HB5494 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Law enforcement; local police; reference to the commission on law enforcement standards act in the public body law enforcement act; modify. Amends secs. 6 & 7 of 2004 PA 378 (MCL 28.586 & 28.587).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2016-10-19 - Assigned Pa 298'16 With Immediate Effect [HB5494 Detail]
Download: Michigan-2015-HB5494-Chaptered.html
Act No. 298
Public Acts of 2016
Approved by the Governor
October 3, 2016
Filed with the Secretary of State
October 4, 2016
EFFECTIVE DATE: January 2, 2017
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Guerra, Kesto and Tedder
ENROLLED HOUSE BILL No. 5494
AN ACT to amend 2004 PA 378, entitled “An act to allow certain public bodies to create law enforcement agencies and grant certain powers and authority to law enforcement officers employed by those agencies; to require those law enforcement officers to meet certain standards; to prescribe certain powers and duties of those law enforcement agencies; to provide for certain powers of public bodies; and to provide for certain powers and duties of state and local agencies and officers,” by amending sections 6 and 7 (MCL 28.586 and 28.587).
The People of the State of Michigan enact:
Sec. 6. (1) A law enforcement agency created under this act shall comply with all of the following requirements:
(a) The agency shall be funded by the appropriation of public funds only.
(b) The agency shall maintain liability insurance.
(c) The agency shall establish and abide by written policies pertaining to all of the following:
(i) The authority of its law enforcement officers, including the extent of those officers’ authority to enforce the criminal laws of this state and other state laws, local ordinances, and ordinances and regulations of the public body. If the law enforcement officers of that agency are granted any additional authority through deputization by a county sheriff or chief of police, the written policies shall describe that authority.
(ii) The specific geographic boundaries of the agency’s jurisdiction.
(iii) The authority and responsibility of the chief law enforcement officer of the agency.
(iv) Employee discipline.
(v) The legal status of agencies and personnel who respond to mutual aid requests.
(vi) Any other written policy or procedure consistent with a policy or procedure implemented by the sheriff or chief of police whose approval is required under section 4.
(vii) The requirement to maintain employment history records under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(viii) Any other policy or procedure required by statute.
(d) The agency shall develop and maintain an organizational chart describing the structure of the agency and the responsibilities and authority within the agency and shall develop and maintain written employment position descriptions for all personnel in the agency.
(2) A public body that creates a law enforcement agency under this act shall present written documentation of compliance with this section to each county prosecuting attorney and sheriff, or chief of police when applicable, before approval is granted under section 4. A copy of this documentation shall be filed with the Michigan commission on law enforcement standards along with written approval from all affected prosecuting attorneys, sheriffs, or chiefs of police.
(3) The public body shall maintain compliance with the requirements of this section. Failure to maintain these minimum standards shall constitute just cause for the county prosecuting attorneys and sheriffs or chiefs of police, by unanimous written approval, to withdraw the approval granted under section 4. Before withdrawal of that approval, the prosecuting attorney and sheriff or chief of police shall hold not fewer than 2 public hearings in the law enforcement agency’s jurisdiction on the question of whether maintenance of minimum standards has failed.
Sec. 7. (1) A public body that creates a law enforcement agency under this act shall comply with the requirement to maintain employment history records for officers in its employ under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(2) Law enforcement officers to whom the powers, immunities, and authority of peace and police officers are granted under section 3 shall meet the minimum employment standards of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 92 of the 98th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
