SENATE BILL NO. 1053


   April 15, 1998, Introduced by Senator JAYE and referred to the
        Committee on Hunting, Fishing and Forestry.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 1602 (MCL 324.1602), as added by 1995 PA 60.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1602.  (1) The department, or an officer appointed by

 2    the department, may file a complaint and commence proceedings

 3    against any person for a violation of any of the laws or statutes

 4    described in section 1601, without the sanction of the prosecut-

 5    ing attorney of the county in which the proceedings are

 6    commenced.  In such a case, the officer is not obliged to furnish

 7    security for costs.  The department, or an officer appointed by

 8    the department, may appear for the people in any court of compe-

 9    tent jurisdiction in any cases for violation of any of the

10    statutes or laws described in section 1601, may prosecute the

11    cases in the same manner and with the same authority as the


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 1    prosecuting attorney of any county in which the proceedings are

 2    commenced, and may sign vouchers for the payment of jurors' or

 3    witnesses' fees in those cases in the same manner and with the

 4    same authority as prosecuting attorneys in criminal cases.

 5    Whenever an officer appointed by the department has probable

 6    cause to believe that any of the statutes or laws  mentioned
             

 7    DESCRIBED in section 1601 have been or are being violated by any

 8    particular person, the officer has the power to search, without A

 9    warrant, any boat, conveyance, vehicle, automobile, fish box,

10    fish basket, game bag, game coat, or any other  receptacle
             

11    CONTAINER or place, except  dwellings  A DWELLING
             or dwelling

12     houses  HOUSE, or within the curtilage of any
             dwelling house, in

13    which nets, hunting or fishing apparatuses or appliances, wild

14    birds, wild animals, or fish may be possessed, kept, or carried

15    by the person, and an officer appointed by the department may

16    enter into or upon any private or public property for that pur-

17    pose or for the purpose of patrolling, investigating, or examin-

18    ing when he or she has probable cause for believing that any of

19    the statutes or laws described in section 1601 have been or are

20    being violated on that property.  The term "private property" as

21    used in this part does not include  dwellings  A
             DWELLING or A

22    dwelling  houses  HOUSE or that which is within the
             curtilage of

23    any dwelling house.

24         (2) An officer appointed by the department shall at any
              and

25     all times  TIME seize and take possession of
                        any and  all nets,

26    hunting or fishing apparatuses or appliances, or other property,

27    wild birds, wild animals, or fish, or any part or parts thereof,



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 1    which have been caught, taken, killed, shipped, or had in

 2    possession or under control, at a time, in a manner, or for a

 3    purpose, contrary to any of the statutes or laws described in

 4    section 1601, and the seizure may be made without a warrant.  A

 5    common carrier is not responsible for damages or otherwise to any

 6    owner, shipper, or consignee by reason of any such seizure.

 7         (3) When a complaint is made on oath to any magistrate

 8    authorized to issue warrants in criminal cases that any wild

 9    birds, wild animals, or fish, any part or parts of wild birds,

10    wild animals, or fish, or any nets, hunting or fishing appa-

11    ratuses or appliances, or other property have been or are being

12    killed, taken, caught, had in possession or under control, or

13    shipped, contrary to the statutes or laws described in

14    section 1601, and that the complainant believes the property to

15    be stored, kept, or concealed in any particular house or place,

16    the magistrate, if he or she is satisfied that there is probable

17    cause for the belief, shall issue a warrant to search for the

18    property.  The warrant shall be directed to the department, or an

19    officer appointed by the department, or to any other peace

20    officer.  All wild birds, wild animals, fish, nets, boats, fish-

21    ing or hunting appliances or apparatuses, or automobiles or other

22    property of any kind seized by an officer shall be turned over to

23    the department to be held by the department subject to the order

24    of the court as provided in this part.

25         (4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A CON-

26    SERVATION OFFICER OR OTHER INVESTIGATING EMPLOYEE OF THE

27    DEPARTMENT OF NATURAL RESOURCES, WHILE ENGAGED IN ENFORCING THE



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 1    FISH AND GAME LAWS OF THIS STATE, SHALL NOT ASK AN INDIVIDUAL FOR

 2    PERMISSION TO SEARCH ANY CONTAINER OF ANY KIND OR A VEHICLE OWNED

 3    OR LAWFULLY POSSESSED BY THAT INDIVIDUAL.

 4         (5)  (2)  For the purposes of this part,
             "probable cause" or

 5    "probable cause to believe" is present on the part of a peace

 6    officer if there are facts that would induce any fair-minded

 7    person of average intelligence and judgment to believe that a law

 8    or statute had been violated or was being violated contrary to

 9    any of the statutes or laws described in section 1601.






































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