Bill Text: MI SB0843 | 2013-2014 | 97th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human services; other; inspector general within the department of human services to appoint agents with limited arrest powers and the powers conferred on peace officers; allow. Amends sec. 43b of 1939 PA 280 (MCL 400.43b).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2014-11-13 - Referred To Committee On Criminal Justice [SB0843 Detail]

Download: Michigan-2013-SB0843-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 843

 

 

March 4, 2014, Introduced by Senators JONES, BOOHER, ROBERTSON, PROOS and SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 43b (MCL 400.43b), as added by 2002 PA 573.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 43b. (1) An office of inspector general is established as

 

a criminal justice agency in the family independence agency.

 

department. The primary duty of the inspector general is to

 

investigate cases of alleged fraud within the department. The

 

inspector general shall also perform the following activities:

 

     (a) Investigate fraud, waste, and abuse in the programs

 

administered by the family independence agency.department.

 

     (b) Make referrals for prosecution and disposition of

 

appropriate cases as determined by the inspector general.

 

     (c) Review administrative policies, practices, and procedures.


 

     (d) Make recommendations to improve program integrity and

 

accountability.

 

     (2) The director may appoint agents with limited arrest powers

 

for the enforcement of programs administered by the department. The

 

agents appointed under this section are agents of the department

 

office of inspector general and have all powers conferred upon

 

peace officers for the purpose of enforcing the general laws of

 

this state as they pertain to enforcement of this act. The director

 

may authorize agents of the office of inspector general to carry a

 

firearm.

 

     (3) In addition to the limited arrest authority granted in

 

subsection (2), an agent of the office of inspector general, while

 

on duty, may arrest a person without a warrant if 1 or more of the

 

following circumstances exist:

 

     (a) The agent has reasonable cause to believe that a felony

 

has been committed and reasonable cause to believe that the person

 

committed it.

 

     (b) The agent has reasonable cause to believe a felony offense

 

for financial gain under section 159g(d) or 159g(e) of the Michigan

 

penal code, 1931 PA 328, MCL 750.159g, has been committed and

 

reasonable cause to believe that the person committed it.

 

     (c) The agent has reasonable cause to believe that a felony

 

offense under section 300a of the Michigan penal code, 1931 PA 328,

 

MCL 750.300a, has been committed and reasonable cause to believe

 

that the person committed it.

 

     (d) The agent has reasonable cause to believe that a felony

 


offense using a fraudulent device to obtain relief under section 60

 

has been committed and reasonable cause to believe that the person

 

committed it.

 

     (e) The agent has received positive information by written,

 

telegraphic, teletypic, telephonic, radio, or other authoritative

 

source that a peace officer holds a warrant for the person's

 

arrest.

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