February 17, 2005, Introduced by Reps. Newell, Meyer, Stahl, Moore, Walker, Gaffney, Garfield, Hildenbrand, Pearce, Pavlov, Emmons, Stakoe, Sheen, Mortimer, Green, Jones, Huizenga, Steil, Casperson, Booher, Nofs, Gleason, Accavitti, Bieda, Dillon, Wojno, Tobocman, Brown, David Law, Farhat, Williams, Elsenheimer, Shaffer, Robertson and Schuitmaker and referred to the Committee on Judiciary.
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
by amending section 9 (MCL 28.609), as amended by 2004 PA 379.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) The commission shall promulgate rules to establish
law enforcement officer minimum standards. The rules do not apply
to a member of a sheriff's posse or a police auxiliary temporarily
performing his or her duty under the direction of the sheriff or
police department. In promulgating the law enforcement officer
minimum standards, the commission shall give consideration to the
varying factors and special requirements of local police agencies.
The law enforcement officer minimum standards shall include all of
the following:
(a) Minimum standards of physical, educational, mental, and
moral fitness that govern the recruitment, selection, appointment,
and certification of law enforcement officers.
(b) Minimum courses of study, attendance requirements, and
instructional hours required at approved police training schools.
(c)
The rules promulgated under this section do not apply to
a
member of a sheriff's posse or a police auxiliary temporarily
performing
his or her duty under the direction of the sheriff or
police
department.
(c) (d)
Minimum basic training requirements that a person,
excluding sheriffs, shall complete before being eligible for
certification under section 9a(1).
(2) If a person's certification under section 9a(1) becomes
void under section 9a(4)(b), the commission shall waive the
requirements described in subsection (1)(b) for certification of
the person under section 9a(1) if 1 or more of the following apply:
(a) The person has been employed 1 year or less as a
commission certified law enforcement officer and is again employed
as a law enforcement officer within 1 year after discontinuing
employment as a commission certified law enforcement officer.
(b) The person has been employed more than 1 year but less
than 5 years as a commission certified law enforcement officer and
is again employed as a law enforcement officer within 18 months
after discontinuing employment as a commission certified law
enforcement officer.
(c) The person has been employed 5 years or more as a
commission certified law enforcement officer and is again employed
as a law enforcement officer within 2 years after discontinuing
employment as a commission certified law enforcement officer.
(d) The person has successfully completed the mandatory
training and has been continuously employed as a law enforcement
officer, but through no fault of that person the employing agency
failed to obtain certification for that person as required by this
act.
(3) A commission certified law enforcement officer who is a
member of any of the reserve components of the United States armed
forces and who is called to active duty in the armed forces is not
considered to have discontinued his or her employment as a
commission certified law enforcement officer under section
9a(4)(b). The person's certification under section 9a(1) shall not
become void during that term of active military service. However,
the commission may require that a commission certified law
enforcement officer, upon returning from active military service,
reestablish proficiency in firearms, first aid, driving, use of
force, and legal standards. As used in this subsection, "reserve
components of the United States armed forces" means that term as
defined in section 2 of the military family relief fund act, 2004
PA 363, MCL 35.1212.
(4)
(3) The commission
shall promulgate rules with respect
to all of the following:
(a) The categories or classifications of advanced in-service
training programs for commission certified law enforcement officers
and minimum courses of study and attendance requirements for the
categories or classifications.
(b) The establishment of subordinate regional training centers
in strategic geographic locations in order to serve the greatest
number of police agencies that are unable to support their own
training programs.
(c) The commission's acceptance of certified basic police
training and law enforcement experience received by a person in
another state in fulfillment in whole or in part of the law
enforcement officer minimum standards.
(d) The commission's approval of police training schools
administered by a city, county, township, village, corporation,
college, community college or university.
(e) The minimum qualifications for instructors at approved
police training schools.
(f) The minimum facilities and equipment required at approved
police training schools.
(g) The establishment of preservice basic training programs at
colleges and universities.
(h) Acceptance of basic police training and law enforcement
experience received by a person in fulfillment in whole or in part
of the law enforcement officer minimum standards prepared and
published by the commission if both of the following apply:
(i) The person successfully completed the basic police training
in another state or through a federally operated police training
school that was sufficient to fulfill the minimum standards
required by federal law to be appointed as a law enforcement
officer of a Michigan Indian tribal police force.
(ii) The person is or was a law enforcement officer of a
Michigan Indian tribal police force for a period of 1 year or more.
(5) (4)
Except as otherwise provided in this section, a
regularly employed person employed on or after January 1, 1977 as a
member of a police force having a full-time officer is not
empowered to exercise all the authority of a peace officer in this
state, or be employed in a position for which the authority of a
peace officer is conferred by statute, unless the person has
received certification under section 9a(1).
(6) (5)
A law enforcement officer employed before January 1,
1977 may continue his or her employment as a law enforcement
officer and participate in training programs on a voluntary or
assigned basis but failure to obtain certification under section
9a(1) or (2) is not grounds for dismissal of or termination of that
employment as a law enforcement officer. A person who was employed
as a law enforcement officer before January 1, 1977 who fails to
obtain certification under section 9a(1) and who voluntarily or
involuntarily discontinues his or her employment as a law
enforcement officer may be employed as a law enforcement officer if
he or she was employed 5 years or more as a law enforcement officer
and is again employed as a law enforcement officer within 2 years
after discontinuing employment as a law enforcement officer.
(7) (6)
A law enforcement officer of a Michigan Indian
tribal police force is not empowered to exercise the authority of a
peace officer under the laws of this state and shall not be
employed in a position for which peace officer authority is granted
under the laws of this state unless all of the following
requirements are met:
(a) The tribal law enforcement officer is certified under this
act.
(b) The tribal law enforcement officer is 1 of the following:
(i) Deputized by the sheriff of the county in which the trust
lands of the Michigan Indian tribe employing the tribal law
enforcement officer are located, or by the sheriff of any county
that borders the trust lands of that Michigan Indian tribe,
pursuant to section 70 of 1846 RS 14, MCL 51.70.
(ii) Appointed as a police officer of the state or a city,
township, charter township, or village that is authorized by law to
appoint individuals as police officers.
(c) The deputation or appointment of the tribal law
enforcement officer described in subdivision (b) is made pursuant
to a written contract that includes terms the appointing authority
under subdivision (b) may require between the state or local law
enforcement agency and the tribal government of the Michigan Indian
tribe employing the tribal law enforcement officer.
(d) The written contract described in subdivision (c) is
incorporated into a self-determination contract, grant agreement,
or cooperative agreement between the United States secretary of the
interior and the tribal government of the Michigan Indian tribe
employing the tribal law enforcement officer pursuant to the Indian
self-determination and education assistance act, Public Law 93-638,
88 Stat. 2203.
(8) (7)
A law enforcement officer of a multicounty
metropolitan district, other than a law enforcement officer
employed by a law enforcement agency created under the public body
law enforcement agency act, is not empowered to exercise the
authority of a peace officer under the laws of this state and shall
not be employed in a position for which peace officer authority is
granted under the laws of this state unless all of the following
requirements are met:
(a) The law enforcement officer has met or exceeded minimum
standards for certification under this act.
(b) The law enforcement officer is deputized by the sheriff or
sheriffs of the county or counties in which the land of the
multicounty metropolitan district employing the law enforcement
officer is located and in which the law enforcement officer will
work, pursuant to section 70 of 1846 RS 14, MCL 51.70.
(c) The deputation or appointment of the law enforcement
officer is made pursuant to a written agreement that includes terms
the deputizing authority under subdivision (b) may require between
the state or local law enforcement agency and the governing board
of the multicounty metropolitan district employing the law
enforcement officer.
(d) The written agreement described in subdivision (c) is
filed with the commission.
(9) (8)
A public body that creates a law enforcement agency
under the public body law enforcement agency act and that employs 1
or more law enforcement officers certified under this act shall be
considered to be a law enforcement agency for purposes of section
9d.
(10) (9)
The commission may establish an
evaluation or
testing process, or both, for granting a waiver from the law
enforcement officer minimum standards regarding training
requirements to a person who has held a certificate under this act
and who discontinues employment as a law enforcement officer for a
period of time exceeding the time prescribed in subsection (2)(a)
to
(c) or subsection (5), or
(6), as applicable.