CONTINUED COLES CERTIFICATON FOR

OFFICERS ON MILITARY ACTIVE DUTY

House Bill 4335 (Substitute H-2)

Sponsor:  Rep. Gary Newell

Committee:  Judiciary

Complete to 9-16-05

A SUMMARY OF HOUSE BILL 4335 AS REPORTED FROM HOUSE COMMITTEE

The bill would amend Section 9 of the Commission on Law Enforcement Standards Act to specify that a commissioned-certified law enforcement officer who is a member of any reserve component of the United States Armed Forces and who is called to active duty would not be considered to have discontinued his or her employment as a commission-certified law enforcement officer.  In addition, the officer's certification could not become void during the term of active military service. 

However, a certification could be revoked if the officer committed an offense during the period of active duty that resulted in a felony conviction.

The bill would not apply to 1) a law enforcement officer who volunteered for a term of active military service or voluntarily extended a term of service; or 2) an officer dishonorably discharged from a term of active service.

[Note:  "Reserve Components of the United States Armed Forces" is defined in the Military Family Relief Fund Act of 2004 as the Army National Guard of the United States; the Army, Naval, Marine Corps, Air Force, and Coast Guard reserves; and the Air National Guard of the United States.]

MCL 28.609

FISCAL IMPACT:

The bill would have an indeterminate fiscal impact on state and local government.

POSITIONS:

The Michigan State Police indicated support for the bill. (9-14-05)

                                                                                           Legislative Analyst:   E. Best

                                                                                                  Fiscal Analyst:   Jan Wisniewski

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.