Bill Text: MI HB5884 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Occupations; security guards; private security guards in certain large shopping malls; grant arrest powers under certain circumstances. Amends sec. 17a of 1968 PA 330 (MCL 338.1067a) & adds sec. 17b.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-09-20 - Bill Electronically Reproduced 09/15/2016 [HB5884 Detail]
Download: Michigan-2015-HB5884-Introduced.html
HOUSE BILL No. 5884
September 15, 2016, Introduced by Reps. Darany, Kosowski, Santana and Yanez and referred to the Committee on Regulatory Reform.
A bill to amend 1968 PA 330, entitled
"Private security business and security alarm act,"
by amending section 17a (MCL 338.1067a), as added by 2012 PA 591,
and by adding section 17b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17a. (1) If a private security guard, private security
police officer, or private college security force officer acting in
the course of his or her employment reasonably suspects that any of
the following crimes have occurred, he or she shall immediately
notify a law enforcement agency of that suspected crime:
(a) An assaultive crime, as defined in section 9a of chapter X
of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) A violation of section 145c or 539j of the Michigan penal
code, 1931 PA 328, MCL 750.145c and 750.539j.
(2) A private security guard who is properly licensed under
this act has the authority to arrest a person without a warrant, as
set forth for public peace officers in section 15 of chapter IV of
the code of criminal procedure, 1927 PA 175, MCL 764.15, if all of
the following are met:
(a) The private security guard is acting within the scope of
his or her employment as a private security guard, on the premises
of a qualified mall property, at the time the arrest is made.
(b) The arrest occurs during the private security guard's
hours of employment.
(c) The arrest occurs within the boundaries of the qualified
mall property.
(d) The private security guard is in a full uniform that
identifies his or her employer.
(3) As used in this section, "qualified mall property" means
a shopping mall, and the property on which it is located, that
meets all of the following:
(a) The mall has more than 10,000,000 visitors each year.
(b) The mall has more than 1,000,000 square feet of interior
space.
(c) The mall is located on more than 100 acres of property.
(d) The mall is regularly serviced by buses operated by a
public transit agency.
(e) The mall has at least 1 holding cell for detainees and the
cell is monitored by closed-circuit television.
(f) The mall has a vehicle available to transport detainees to
a local law enforcement facility and the vehicle has a security
cage.
Sec. 17b. (1) Beginning 90 days after the effective date of
this section, a person that is licensed as a private security guard
or private security guard agency shall ensure that all of the
following are met:
(a) That the licensee, if the licensee is an individual, and
each employee of the licensee who provides protection of property
on another person's premises complete training in at least all of
the following before that individual provides protection of
property on another person's premises:
(i) First aid, cardiopulmonary resuscitation, and foreign body
obstruction of the airway management.
(ii) Emergency preparedness.
(iii) Proper use of tasers, pepper spray, and other self-
defense devices and agents.
(iv) Proper use of firearms, if the employee is authorized to
carry a firearm in the course of his or her employment.
(v) Techniques for nonviolent intervention.
(vi) Patrol operation.
(vii) Legal aspects of the security guard business and the use
of force, including, but not limited to, criminal law and
procedure, civil law, and diversity.
(viii) Customer service issues, including, but not limited to,
working with and addressing the public.
(b) That each individual described in subdivision (a)
completes additional training in at least the topics described in
subdivision (a)(i) to (viii) at least every 2 years after his or
her initial training under subdivision (a).
(c) That before he or she provides protection of property on
another person's premises, an individual described in subdivision
(a) successfully completes a course approved by the department in
first aid and cardiopulmonary resuscitation, including a test
demonstration on a mannequin; successfully completes instruction
approved by the department in foreign body airway obstruction
management; and holds, and maintains at all times he or she is
engaged in providing protection of property on another person's
premises for the licensee, valid certification in the topics
described in this subdivision that is issued by the American Red
Cross, American Heart Association, or a comparable organization or
institution approved by the department.
(2) For purposes of subsection (1), the department by rule
shall establish training requirements for individuals licensed as
private security guards and for employees of private security guard
agencies who are engaged in providing protection of property on
another person's premises. The requirements shall include training
in at least those topics described in subsection (1)(a)(i) to
(viii), and shall include any other requirements that the
department determines are appropriate for the implementation,
administration, and enforcement of the training requirements
described in subsection (1).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
