May 2, 2006, Introduced by Reps. Espinoza, Leland, Jones, Sheltrown, Nofs, Gleason, Green, McDowell, Tobocman, Spade, Angerer, Plakas, Gonzales, Polidori, Zelenko, Murphy, Clack and Anderson and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 5207a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5207a. (1) Notwithstanding section 5207, a peace officer
who discovers, suspects, or has reason to believe that an
individual or group of individuals may have been exposed to a
chemical, biological, radiological, nuclear, or other toxic agent
may temporarily detain that individual or group of individuals for
observation, examination, testing, diagnosis, or treatment without
a court order if a delay in the observation, examination, testing,
diagnosis, or treatment would place the life or health of the
individual, group of individuals, or others at risk. An individual
or group of individuals temporarily detained under this section
shall not be detained longer than is reasonably necessary to make a
determination as to whether the individual or group of individuals
is a health threat to themselves or to others.
(2) A peace officer who is temporarily detaining an individual
under this section may use that kind and degree of force that would
be lawful if the peace officer were effecting an arrest for a
misdemeanor without a warrant. In detaining the individual, a peace
officer may take reasonable steps for self-protection. The
protective steps may include a pat-down search of the individual in
the individual's immediate surroundings, but only to the extent
necessary to discover and seize a dangerous weapon that may be used
against the officer or other persons present.
(3) As used in this section, "peace officer" means an officer
as that term is defined under section 5204.