SNOWMOBILES: “PEACE OFFICER” - H.B. 4408 (S-1): FLOOR ANALYSIS

sans-serif">House Bill 4408 (Substitute S-1 as reported)

Sponsor: Representative Ken Bradstreet

House Committee: Conservation and Outdoor Recreation

Senate Committee: Natural Resources and Environmental Affairs

CONTENT

The bill would amend Part 821 (Snowmobiles) of the Natural Resources and Environmental Protection Act to define the term “peace officer” as any of the following:

--    A sheriff.

--    A sheriff’s deputy.

--    A deputy who was authorized by a sheriff to enforce Part 821 and who had satisfactorily completed at least 40 hours of law enforcement training, including training specific to Part 821.

--    A village or township marshal.

--    An officer of the police department of any municipality.

--    An officer of the Michigan State Police.

--    The Director and conservation officers employed by the Department of Natural Resources.

--    A law enforcement officer certified under the Commission on Law Enforcement Standards Act, as long as that officer was policing within his or her jurisdiction.

Under Part 821, a peace officer has the authority to issue appearance tickets for violations of this part; direct snowmobile operators to stop; and arrest a person without a warrant if the officer observes a violation of Part 821, a rule established under it, or a local ordinance. A peace officer also may arrest a person without a warrant if the officer has reasonable cause to believe the person was operating a snowmobile involved in an accident and was under the influence of or impaired by liquor or a controlled substance. In addition, a peace officer may require a person to submit to a preliminary chemical breath analysis if the officer believes the person’s ability to operate a snowmobile was affected by the consumption of liquor; may arrest the person based on the results of the analysis; and may seek a court order for a chemical test of a person’s blood, breath, or urine.

MCL 324.82101 - Legislative Analyst: Claire Layman

FISCAL IMPACT

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

Date Completed: 6-12-03 - Fiscal Analyst: Bruce Bakerfloor\hb4408 - 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.