HOUSE BILL No. 4607 April 9, 1997, Introduced by Rep. Profit and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter IV (MCL 764.15), as amended by 1996 PA 490. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IV 2 Sec. 15. (1) A peace officer, without a warrant,may 3 arrest a person in any of the following situations WITHOUT A 4 WARRANT: 5 (a) A felony, misdemeanor, or ordinance violation is commit- 6 ted in the peace officer's presence. 7 (b) The person has committed a felony although not in the 8 peace officer's presence. 9 (c) A felony in fact has been committed and the peace 10 officer has reasonable cause to believe the person committed it. 02185'97 JOJ 2 1 (d) The peace officer has reasonable cause to believe a 2 felony has been committed and reasonable cause to believe the 3 person committed it. 4 (e) The peace officer has received positive information by 5 written, telegraphic, teletypic, telephonic, radio, or other 6 authoritative source that another peace officer holds a warrant 7 for the person's arrest. 8 (f) The peace officer has received positive information 9 broadcast from a recognized police or other governmental radio 10 station, or teletype, that affords the peace officer reasonable 11 cause to believe a felony has been committed and reasonable cause 12 to believe the person committed it. 13 (g) The peace officer has reasonable cause to believe the 14 person is an escaped convict, has violated a condition of parole 15 from a prison, has violated a condition of probation imposed by a 16 court, or has violated a condition of a pardon granted by the 17 executive. 18 (h) The peace officer has reasonable cause to believe the 19 person was, at the time of an accident in this state, the opera- 20 tor of a vehicle involved in the accident and was operating the 21 vehicle in violation of section 625(1), (3), or (6) or section 22 625m of the Michigan vehicle code,Act No. 300 of the Public23Acts of 1949, being sections 257.625 and 257.625m of the Michigan24Compiled Laws1949 PA 300, MCL 257.625 AND 257.625M, or a local 25 ordinance substantially corresponding to section 625(1), (3), or 26 (6) or section 625m ofAct No. 300 of the Public Acts of 194927 THAT ACT. 02185'97 3 1 (i) The person is found in the driver's seat of a vehicle 2 parked or stopped on a highway or street within this state if any 3 part of the vehicle intrudes into the roadway and the peace offi- 4 cer has reasonable cause to believe the person was operating the 5 vehicle in violation of section 625(1), (3), or (6) or 6 section 625m ofAct No. 300 of the Public Acts of 1949THE 7 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625 AND 257.625M, or 8 a local ordinance substantially corresponding to section 625(1), 9 (3), or (6) or section 625m ofAct No. 300 of the Public Acts of101949THAT ACT. 11 (j) The peace officer has reasonable cause to believe the 12 person was, at the time of an accident, the operator of a snowmo- 13 bile involved in the accident and was operating the snowmobile in 14 violation of section 82127(1) or (3) of part 821 (snowmobiles) of 15 the natural resources and environmental protection act,Act16No. 451 of the Public Acts of 1994, being section 324.82127 of17the Michigan Compiled Laws1994 PA 451, MCL 324.82127, or a 18 local ordinance substantially corresponding to section 82127(1) 19 or (3) ofAct No. 451 of the Public Acts of 1994THAT ACT. 20 (k) The peace officer has reasonable cause to believe the 21 person was, at the time of an accident, the operator of an ORV 22 involved in the accident and was operating the ORV in violation 23 of section 81134(1) or (2) or 81135 of part 811 (off-road recre- 24 ation vehicles) ofAct No. 451 of the Public Acts of 1994, being25sections 324.81134 and 324.81135 of the Michigan Compiled Laws26 THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 27 451, MCL 324.81134 AND 324.81135, or a local ordinance 02185'97 4 1 substantially corresponding to section 81134(1) or (2) or 81135 2 ofAct No. 451 of the Public Acts of 1994THAT ACT. 3 (l) The peace officer has reasonable cause to believe the 4 person was, at the time of an accident, the operator of a vessel 5 involved in the accident and was operating the vessel in viola- 6 tion of section 80176(1) or (3) of part 801 (marine safety) of 7Act No. 451 of the Public Acts of 1994, being section 324.801768of the Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRON- 9 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176, or a local 10 ordinance substantially corresponding to section 80176(1) or (3) 11 ofAct No. 451 of the Public Acts of 1994THAT ACT. 12 (m) The peace officer has reasonable cause to believe a vio- 13 lationof section 356c or 356d of the Michigan penal code, Act14No. 328 of the Public Acts of 1931, being sections 750.356c and15750.356d of the Michigan Compiled Laws, has taken place or is16taking placeTHAT IS A MISDEMEANOR PUNISHABLE BY IMPRISONMENT 17 FOR MORE THAN 92 DAYS HAS BEEN COMMITTED OR IS BEING COMMITTED 18 and reasonable cause to believe the person committed or is com- 19 mitting the violation, regardless of whether the violation was 20 committed in the peace officer's presence. 21 (2) An officer in the United States customs service or the 22 immigration and naturalization service, without a warrant, may 23 arrest a person if all of the following circumstances exist: 24 (a) The officer is on duty. 25 (b) One or more of the following situations exist: 26 (i) The person commits an assault or an assault and battery 27 punishable under section 81 or 81a of the Michigan penal code, 02185'97 5 1Act No. 328 of the Public Acts of 1931, being sections 750.812and 750.81a of the Michigan Compiled Laws1931 PA 328, MCL 3 750.81 AND 750.81A, on the officer. 4 (ii) The person commits an assault or an assault and battery 5 punishable under section 81 or 81a ofAct No. 328 of the Public6Acts of 1931THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81 7 AND 750.81A, on any other person in the officer's presence or 8 commits any felony. 9 (iii) The officer has reasonable cause to believe a felony 10 has been committed and reasonable cause to believe the person 11 committed it, and the reasonable cause is not founded on a cus- 12 toms search. 13 (iv) The officer has received positive information by writ- 14 ten, telegraphic, teletypic, telephonic, radio, or other authori- 15 tative source that a peace officer holds a warrant for the 16 person's arrest. 17 (c) The officer has received training in the laws of this 18 state equivalent to the training provided for an officer of a 19 local police agency under the Michigan law enforcement officers 20 training council act of 1965,Act No. 203 of the Public Acts of211965, being sections 28.601 to 28.616 of the Michigan Compiled22Laws1965 PA 203, MCL 28.601 TO 28.616. 02185'97 Final page. 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