January 19, 2011, Introduced by Senator HANSEN and referred to the Committee on Judiciary.
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
by amending sections 2 and 9 (MCL 28.602 and 28.609), section 2 as
amended by 2004 PA 379 and section 9 as amended by 2005 PA 239.
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 was
appointed pursuant to under
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 under
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 under
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(7).
(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.
(vii) A fire arson investigator from a fire department within a
city with a population of not less than 750,000 who is sworn and
fully empowered by the city chief of police.
(m) "Regularly employed" means to be employed by a police
force or law enforcement agency for more than 120 hours annually.
(n) (m)
"Rule" means a rule
promulgated pursuant to under
the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 9. (1) The commission shall promulgate rules to establish
law enforcement officer minimum standards and guidelines. The rules
do not apply to a member of a sheriff's posse or a police auxiliary
temporarily performing his or her duty under the direction of the
sheriff or police department. In promulgating the law enforcement
officer minimum standards and guidelines, the commission shall give
consideration to the varying factors and special requirements of
local police agencies. The law enforcement officer minimum
standards and guidelines shall include all of the following:
(a) Minimum standards of physical, educational, mental, and
moral fitness that govern the recruitment, selection, appointment,
and certification of law enforcement officers.
(b) Minimum courses of study, attendance requirements, and
instructional hours required at approved police training schools.
(c) Minimum courses of instruction on all of the following:
(i) Racial profiling.
(ii) Understanding of and respect for racial and cultural
differences.
(iii) Noncombative methods of carrying out law enforcement
duties in a racially and culturally diverse environment.
(d) (c)
Minimum basic training requirements that a person,
excluding sheriffs, shall complete before being eligible for
certification under section 9a(1).
(e) Guidelines, which the commission shall make available to
all law enforcement agencies, that identify the patterns,
practices, and protocols that make up racial profiling.
(2) If a person's certification under section 9a(1) becomes
void under section 9a(4)(b), the commission shall waive the
requirements described in subsection (1)(b) for certification of
the person under section 9a(1) if 1 or more of the following apply:
(a) The person has been employed 1 year or less as a
commission certified law enforcement officer and is again employed
as a law enforcement officer within 1 year after discontinuing
employment as a commission certified law enforcement officer.
(b) The person has been employed more than 1 year but less
than 5 years as a commission certified law enforcement officer and
is again employed as a law enforcement officer within 18 months
after discontinuing employment as a commission certified law
enforcement officer.
(c) The person has been employed 5 years or more as a
commission certified law enforcement officer and is again employed
as a law enforcement officer within 2 years after discontinuing
employment as a commission certified law enforcement officer.
(d) The person has successfully completed the mandatory
training and has been continuously employed as a law enforcement
officer, but through no fault of that person the employing agency
failed to obtain certification for that person as required by this
act.
(3) A commission certified law enforcement officer who is a
member of any of the reserve components of the United States armed
forces and who is called to active duty in the armed forces is not
considered to have discontinued his or her employment as a
commission certified law enforcement officer under section
9a(4)(b). The person's certification under section 9a(1) shall not
become void during that term of active military service. However,
the certification of a certified law enforcement officer described
in this subsection may be revoked under section 9b if the officer
committed an offense during the period of active duty in the armed
forces that resulted in a conviction enumerated in section 9b(1).
As used in this subsection, "reserve components of the United
States armed forces" means that term as defined in section 2 of the
military family relief fund act, 2004 PA 363, MCL 35.1212. This
subsection does not apply to a commission certified law enforcement
officer who volunteers for a term of active military service or who
voluntarily extends a term of active military service that began
when he or she was called to active duty. This subsection does not
apply to a commission certified law enforcement officer who is
dishonorably discharged from a term of active military service.
(4) The commission shall promulgate rules with respect to all
of the following:
(a) The categories or classifications of advanced in-service
training programs for commission certified law enforcement officers
and minimum courses of study and attendance requirements for the
categories or classifications.
(b) The establishment of subordinate regional training centers
in strategic geographic locations in order to serve the greatest
number of police agencies that are unable to support their own
training programs.
(c) The commission's acceptance of certified basic police
training and law enforcement experience received by a person in
another state in fulfillment in whole or in part of the law
enforcement officer minimum standards.
(d) The commission's approval of police training schools
administered by a city, county, township, village, corporation,
college, community college or university.
(e) The minimum qualifications for instructors at approved
police training schools.
(f) The minimum facilities and equipment required at approved
police training schools.
(g) The establishment of preservice basic training programs at
colleges and universities.
(h) Acceptance of basic police training and law enforcement
experience received by a person in fulfillment in whole or in part
of the law enforcement officer minimum standards prepared and
published by the commission if both of the following apply:
(i) The person successfully completed the basic police training
in another state or through a federally operated police training
school that was sufficient to fulfill the minimum standards
required by federal law to be appointed as a law enforcement
officer of a Michigan Indian tribal police force.
(ii) The person is or was a law enforcement officer of a
Michigan Indian tribal police force for a period of 1 year or more.
(5) Except as otherwise provided in this section, a regularly
employed person employed on or after January 1, 1977 as a member of
a police force having a full-time officer is not empowered to
exercise all the authority of a peace officer in this state, or be
employed in a position for which the authority of a peace officer
is conferred by statute, unless the person has received
certification under section 9a(1).
(6) A law enforcement officer employed before January 1, 1977
may continue his or her employment as a law enforcement officer and
participate in training programs on a voluntary or assigned basis
but failure to obtain certification under section 9a(1) or (2) is
not grounds for dismissal of or termination of that employment as a
law enforcement officer. A person who was employed as a law
enforcement officer before January 1, 1977 who fails to obtain
certification under section 9a(1) and who voluntarily or
involuntarily discontinues his or her employment as a law
enforcement officer may be employed as a law enforcement officer if
he or she was employed 5 years or more as a law enforcement officer
and is again employed as a law enforcement officer within 2 years
after discontinuing employment as a law enforcement officer.
(7) A law enforcement officer of a Michigan Indian tribal
police force is not empowered to exercise the authority of a peace
officer under the laws of this state and shall not be employed in a
position for which peace officer authority is granted under the
laws of this state unless all of the following requirements are
met:
(a) The tribal law enforcement officer is certified under this
act.
(b) The tribal law enforcement officer is 1 of the following:
(i) Deputized by the sheriff of the county in which the trust
lands of the Michigan Indian tribe employing the tribal law
enforcement officer are located, or by the sheriff of any county
that borders the trust lands of that Michigan Indian tribe,
pursuant
to under section 70 of 1846 RS 14, MCL 51.70.
(ii) Appointed as a police officer of the state or a city,
township, charter township, or village that is authorized by law to
appoint individuals as police officers.
(c) The deputation or appointment of the tribal law
enforcement officer described in subdivision (b) is made pursuant
to a written contract that includes terms the appointing authority
under subdivision (b) may require between the state or local law
enforcement agency and the tribal government of the Michigan Indian
tribe employing the tribal law enforcement officer.
(d) The written contract described in subdivision (c) is
incorporated into a self-determination contract, grant agreement,
or cooperative agreement between the United States secretary of the
interior and the tribal government of the Michigan Indian tribe
employing
the tribal law enforcement officer pursuant to under the
Indian self-determination and education assistance act, Public Law
93-638, 88 Stat. 2203.
(8) A law enforcement officer of a multicounty metropolitan
district, other than a law enforcement officer employed by a law
enforcement agency created under the public body law enforcement
agency act, 2004 PA 378, MCL 28.581 to 28.590, is not empowered to
exercise the authority of a peace officer under the laws of this
state and shall not be employed in a position for which peace
officer authority is granted under the laws of this state unless
all of the following requirements are met:
(a) The law enforcement officer has met or exceeded minimum
standards for certification under this act.
(b) The law enforcement officer is deputized by the sheriff or
sheriffs of the county or counties in which the land of the
multicounty metropolitan district employing the law enforcement
officer is located and in which the law enforcement officer will
work,
pursuant to under section 70 of 1846 RS 14, MCL 51.70.
(c) The deputation or appointment of the law enforcement
officer is made pursuant to a written agreement that includes terms
the deputizing authority under subdivision (b) may require between
the state or local law enforcement agency and the governing board
of the multicounty metropolitan district employing the law
enforcement officer.
(d) The written agreement described in subdivision (c) is
filed with the commission.
(9) A public body that creates a law enforcement agency under
the public body law enforcement agency act, 2004 PA 378, MCL 28.581
to 28.590, and that employs 1 or more law enforcement officers
certified under this act shall be considered to be a law
enforcement agency for purposes of section 9d.
(10) The commission may establish an evaluation or testing
process, or both, for granting a waiver from the law enforcement
officer minimum standards regarding training requirements to a
person who has held a certificate under this act and who
discontinues employment as a law enforcement officer for a period
of time exceeding the time prescribed in subsection (2)(a) to (c)
or (6), as applicable.