Bill Text: MI HB6241 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Law enforcement; colleges and universities; commission to investigate and oversee certain crimes on college and university campuses; create. Creates new act. TIE BAR WITH: HB 6240'18, HB 6266'18, HB 6270'18, HB 6271'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6241 Detail]

Download: Michigan-2017-HB6241-Introduced.html

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HOUSE BILL No. 6241

 

 

June 12, 2018, Introduced by Reps. Chirkun, Howell, Love, Cambensy, Dianda, Geiss, Greimel, Gay-Dagnogo and Yanez and referred to the Committee on Law and Justice.

 

     A bill to create the campus crime investigation act; to create

 

the campus crime commission; to prescribe its powers and duties; to

 

prescribe the powers and duties of certain state agencies and

 

offices; and to make certain appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"campus crime investigation act".

 

     Sec. 3. As used in this act:

 

     (a) "Campus" means the property owned or leased by an

 

institution of higher education.

 

     (b) "Commission" means the campus crime commission created in

 

section 5.

 

     (c) "Department" means the department of state police.

 

     (d) "Domestic violence" means a violation of section 81(2),

(3), (4), or (5) of the Michigan penal code, 1931 PA 328, MCL

 

750.81.

 

     (e) "Institution of higher education" means a public or

 

private community college, college, or university.

 

     (f) "Public safety officer" means a law enforcement officer

 

described under section 2(f)(i)(Z) to (BB) and (LL) of the Michigan

 

commission on law enforcement standards act, 1965 PA 203, MCL

 

28.602.

 

     Sec. 5. (1) The campus crime commission is created in the

 

department.

 

     (2) The governor shall appoint members to the commission in

 

consultation with the department. Members of the commission must

 

have a valid license issued under the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and

 

must include all of the following individuals:

 

     (a) Five individuals who are department investigators or

 

detectives.

 

     (b) Five individuals who are investigators or detectives

 

employed by a county sheriff.

 

     (c) Two individuals who are municipal law enforcement officers

 

and are investigators or detectives.

 

     (3) The members first appointed to the commission must be

 

appointed within 180 days after the effective date of this act.

 

     (4) Members of the commission shall serve for terms of 4 years

 

or until a successor is appointed, whichever is later.

 

     (5) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the unexpired term in the same manner as

the original appointment.

 

     (6) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.

 

     (7) The commission shall do 1 or both of the following after

 

receiving notice of allegations that first or second degree murder,

 

domestic violence, or a crime involving sexual violence or contact,

 

or assault with a weapon, occurred on a campus:

 

     (a) Accept or reject the transfer of that criminal

 

investigation.

 

     (b) If the commission accepts the transfer of a criminal

 

investigation under subdivision (a), oversee the criminal

 

investigation and provide direction to the public safety officers

 

of that campus to facilitate the transfer.

 

     (8) The highest commanding officer appointed under section

 

5(2)(a) will be the officer in charge of the commission. The

 

officer in charge shall assign a criminal investigation accepted by

 

the commission to a member of the commission.

 

     (9) A member of the commission may decline an assignment under

 

subsection (8) for any reason. If an assignment is declined under

 

this subsection, the officer in charge shall assign the criminal

 

investigation to another member.

 

     Sec. 7. (1) The department shall promulgate rules to implement

 

this act pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     (2) Beginning with the 2018-2019 fiscal year and each fiscal

 

year after that, the department shall provide not less than 2 full-

time employees to provide administrative support to the commission

 

and shall reimburse a law enforcement agency that employs a

 

commission member described in section 5(2)(b) and (c) for the

 

compensation paid to that member for the time that member conducted

 

a criminal investigation under this act.

 

     (3) For the 2018-2019 fiscal year, $1,500,000.00 is

 

appropriated from the general fund to the department to implement

 

this act.

 

     (4) It is the intent of the legislature that beginning with

 

the 2019-2020 fiscal year, and each fiscal year after that,

 

$1,500,000.00 must be appropriated to the department to implement

 

this act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless all

 

of the following bills of the 99th Legislature are enacted into

 

law:

 

     (a) Senate Bill No.____ or House Bill No.____ (request no.

 

05654'18 a *).

 

     (b) Senate Bill No.____ or House Bill No.____ (request no.

 

05654'18 b *).

 

     (c) Senate Bill No.____ or House Bill No.____ (request no.

 

05654'18 c *).

 

     (d) Senate Bill No.____ or House Bill No. 6240 (request no.

 

05654'18 d *).