Act No. 311

Public Acts of 2000

Approved by the Governor

October 17, 2000

Filed with the Secretary of State

October 17, 2000

EFFECTIVE DATE: October 17, 2000

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senators Koivisto and Hoffman

ENROLLED SENATE BILL No. 1184

AN ACT to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 777.69) by adding section 2b to chapter IV.

The People of the State of Michigan enact:

CHAPTER IV

Sec. 2b. (1) A law enforcement officer of an adjacent state has the same authority and immunity as a law enforcement officer of this state as provided by law if all of the following conditions are met:

(a) The law enforcement officer is authorized to arrest a person, with or without a warrant, for a violation of a penal statute or law in the adjacent state.

(b) The law enforcement officer is on duty as a law enforcement officer in the adjacent state.

(c) The law enforcement officer notifies a law enforcement officer or agency of this state that he or she is in this state and 1 or more of the following apply:

(i) The law enforcement officer is engaged in pursuing, arresting, or attempting to arrest an individual for a violation of a law in the adjacent state.

(ii) The law enforcement officer is in this state at the request of a law enforcement officer of this state.

(iii) The law enforcement officer is working in conjunction with a law enforcement officer of this state.

(iv) The law enforcement officer is responding to an emergency.

(2) As used in this section:

(a) "Adjacent state" means Indiana, Ohio, Minnesota, or Wisconsin.

(b) "Emergency" means a sudden or unexpected circumstance that requires immediate action to protect the health, safety, welfare, or property of an individual from actual or threatened harm or from an unlawful act.

(c) "Law enforcement officer of this state" means a law enforcement officer as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.