SCHOOL PROP.: WARRANTLESS ARREST - S.B. 1222 (S-1): FLOOR ANALYSIS


Senate Bill 1222 (Substitute S-1 as reported)

Sponsor: Senator Thaddeus G. McCotter

Committee: Judiciary


CONTENT


The bill would amend the Code of Criminal Procedure to allow a peace officer to arrest a person without a warrant for a misdemeanor committed on "school property". The bill would take effect 90 days after its enactment.


The Code allows a peace officer to arrest a person, without a warrant, in certain situations. The bill would add situations in which an officer had reasonable cause to believe that a misdemeanor had taken place or was currently taking place on school property and that the person to be arrested had committed or was currently committing the violation, regardless of whether the violation was committed in the peace officer's presence.


For purposes of the bill, "school property" would be defined as it is in the Public Health Code's drug-free school zone provision (MCL 333.7410). That section defines school property as "a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses".


MCL 764.15 - Legislative Analyst: P. Affholter


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 5-4-00 - Fiscal Analyst: B. Baker



floor\sb1222 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.