May 11, 2005, Introduced by Reps. Virgil Smith, Lipsey, Clack, Murphy, Hunter, Alma Smith, McConico, Gillard, Waters, Miller and Cheeks and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 479c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 479c. (1) A peace officer shall not use the racial
characteristics or skin color of any individual as the sole basis
for conducting an investigative stop.
(2) A peace officer who violates this section is guilty of a
crime as follows:
(a) Except as provided in subdivision (b), the peace officer
is guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
(b) A peace officer who commits a second or subsequent
violation of this section is guilty of a felony punishable by
imprisonment for not more than 3 years or a fine of not more than
$15,000.00, or both.
(3) This section applies only if the peace officer violates
another penal law of this state in conjunction with the violation of
this section.
(4) As used in this section, "peace officer" means any of the
following:
(a) A sheriff or deputy sheriff.
(b) An officer of the police department of a city, village, or
township.
(c) A marshall of a city, village, or township.
(d) A constable.
(e) An officer of the Michigan state police.
(f) A conservation officer.
(g) A security employee employed by the state under section 6c of
1935 PA 59, MCL 28.6c.
(h) A motor carrier officer appointed under section 6d of 1935 PA
59, MCL 28.6d.
(i) A police officer or public safety officer of a community
college, college, or university who is authorized by the governing
board of that community college, college, or university to enforce
state law and the rules and ordinances of that community college,
college, or university.
(j) A park and recreation officer commissioned under section 1606
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.1606.