Bill Text: MI SB0449 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Law enforcement; other; definition of regularly employed; clarify in commission on law enforcement standards act and allow for certain waivers. Amends secs. 2 & 9 of 1965 PA 203 (MCL 28.602 & 28.609).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2010-11-30 - Referred To Second Reading [SB0449 Detail]

Download: Michigan-2009-SB0449-Engrossed.html

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SB-0449, As Passed Senate, June 25, 2009

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 449

 

 

 

 

 

 

 

 

 

 

     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 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 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 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).

 

     (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).

 

     (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 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 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 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, 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 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 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.