November 30, 2010, Introduced by Senator GARCIA and referred to the Committee on Senior Citizens and Veterans Affairs.
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
by amending section 179 (MCL 32.579), as amended by 2002 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 179. (1) No civilian person, except the governor, may
command personnel of the state military establishment.
(2) If any portion of the organized militia is called into
active service, active state service, or the service of the United
States to execute the laws, engage in disaster relief, suppress or
prevent actual or threatened riot or insurrection, repel invasion,
respond to acts or threats of terrorism or safeguard military or
other vital resources of this state or of the United States, or to
assist in the enforcement of a law prohibiting the importation,
sale, delivery, possession, or use of a controlled substance as
that term is defined in section 7104 of the public health code,
1978 PA 368, MCL 333.7104, a commanding officer shall use his or
her own judgment in apprehending or dispersing a sniper, a rioter,
a mob, or an unlawful assembly. In situations described in this
subsection, the commanding officer may apprehend a person on a
state military base, armory base, air base, or a vital resource of
this state or of the United States if the commanding officer has
reasonable cause to believe the person has committed a felony or a
misdemeanor punishable by imprisonment for more than 92 days on
that state military base, armory base, air base, or a vital
resource of this state or of the United States. In situations
described in this subsection, the commanding officer or an
individual under his or her command may apprehend a person on a
state military base, armory base, air base, or a vital resource of
this state or of the United States if the person commits a crime in
the presence of the commanding officer or an individual under his
or her command on that state military base, armory base, air base,
or a vital resource of this state or of the United States. That
commanding officer shall determine the amount and kind of force to
be used in preserving the peace and carrying out the orders of the
governor. Except as provided in subsection (3), that commanding
officer's honest and reasonable judgment under the circumstances
then existing, in the exercise of his or her duty, is full
protection, civilly and criminally, for an act done in the line of
duty, and a member of the organized militia in active service,
active state service, or the service of the United States is not
liable civilly or criminally for an act committed by him or her in
the performance of his or her duty.
(3) A member of the organized militia in active service,
active state service, or the service of the United States has the
immunity of a peace officer in this state if 1 or more of the
following apply:
(a) The member is acting in aid of civil authorities and
acting in the line of duty.
(b) The member is assisting in the enforcement of a law
prohibiting the importation, sale, delivery, possession, or use of
a controlled substance as that term is defined in section 7104 of
the public health code, 1978 PA 368, MCL 333.7104, and acting in
the line of duty.
(c) The member has been ordered by the governor to respond to
acts or threats of terrorism or to safeguard military or other
vital resources of this state or of the United States or has been
ordered by the governor to act affirmatively to assist or aid in
the general welfare of the people of this state and is acting in
the line of duty.
(4) The attorney general of this state shall defend a civil
action or criminal prosecution brought in a state or federal court,
against a member of the organized militia or his or her estate,
arising from an act or omission alleged to have been committed
while in active service, active state service, or the service of
the United States.