Bill Text: MI SB0811 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement: training; drug recognition expert certification for individuals outside of law enforcement; provide for. Amends title of 1941 PA 188 (MCL 256.561 - 256.563) & adds sec. 4.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-03 - Referred To Committee On Judiciary And Public Safety [SB0811 Detail]
Download: Michigan-2019-SB0811-Introduced.html
SENATE BILL NO. 811
March 03, 2020, Introduced by Senator LUCIDO
and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1941 PA 188, entitled
"An act to create the Michigan state safety commission for the promotion of greater safety on the public highways and other places within the state of Michigan; to study traffic conditions; to investigate and eliminate menaces to public safety; to form the Michigan safety council and appropriate moneys therefor,"
(MCL 256.561 to 256.563) by amending the title and by adding section 4.
the people of the state of michigan enact:
An act to create the Michigan state safety commission for the promotion of greater safety on the public highways and other places within the state of Michigan; to study traffic conditions; to investigate and eliminate menaces to public safety; to establish certain programs; to form the Michigan safety council; and to appropriate moneys therefor.money.
Sec. 4. (1) Beginning on the effective
date of the amendatory act that added this subsection, the commission in
collaboration with the Michigan state police, the Michigan office of highway
safety planning, the department of transportation, and the drug evaluation and
classification program coordinator, shall offer the drug recognition expert
program to an individual who is not a law enforcement officer.
(2) The program offered under subsection (1) must include, but is not limited to, all of the following:
(a) The prerequisite training or preenrollment requirement for qualification into the program. The prerequisite training or preenrollment requirement under this subdivision does not include the preenrollment requirements, courses of study, attendance requirements, and instructional hours required for the training and licensing of a law enforcement officer.
(b) Educational materials and programming required for a successful completion of the program.
(c) Relevant classroom lectures and hands-on instruction.
(d) Field training.
(3) An individual who successfully completes the program and satisfies the certification requirement shall be certified as a drug recognition expert.
(4) An individual who enrolls in the program shall bear the costs of attending the program and receiving certification as a drug recognition expert.
(5) An individual who is certified as a drug recognition expert under this section shall perform the same duties and functions of a law enforcement officer who is certified as a drug recognition expert. However, the duties and functions do not include any of the following:
(a) The stop, search, or arrest of a driver of a motor vehicle suspected of operating the motor vehicle while under the influence of a controlled substance.
(b) The impound of the motor vehicle of a driver who violates a provision of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, with regard to operating a motor vehicle while under the influence of a controlled substance.
(c) Obtaining a search warrant, an arrest warrant, or any other criminal process that is necessary to institute a criminal proceeding in relation to the case.
(d) The powers of a conservator of peace as provided under section 6 of 1935 PA 59, MCL 28.6.
(6) As used in this section:
(a) "Certified drug recognition expert" means an individual who is trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol.
(b) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(d) "Program" means the drug recognition expert program offered under subsection (1).
