HB-5181, As Passed House, November 10, 2016
HB-5181, As Passed Senate, November 10, 2016
HOUSE BILL No. 5181
December 17,
2015, Introduced by Reps. Heise, Hughes, Santana, Plawecki, Darany, Yanez and
Liberati and referred to the Committee on Criminal Justice.
A
bill to amend 1927 PA 175, entitled
"The
code of criminal procedure,"
by
amending section 2a of chapter IV (MCL 764.2a), as amended by
2002
PA 483.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec.
2a. (1) A peace officer of a county, city, village,
township, public airport authority, or university of this state may
exercise
the authority and powers of a peace officer outside the
geographical
boundaries of the officer's county, city, village,
township,
public airport authority, or university under any of the
following
circumstances:
(a)
If the officer is enforcing the laws of this state in
conjunction
with the Michigan state police.
(b)
If the officer is enforcing the laws of this state in
conjunction
with a peace officer of any other county, city,
village,
township, public airport
authority, or university in which
the
officer may be.
(c)
If the officer has witnessed an individual violate any of
the
following within the geographical boundaries of the officer's
county,
city, village, township, public
airport authority, or
university
and immediately pursues the individual outside of the
geographical
boundaries of the officer's county, city, village,
township,
public airport authority, or university:
(i) A state law or administrative rule.
(ii) A local ordinance.
(iii) A state law, administrative rule, or local
ordinance,
the
violation of which is a civil infraction, municipal civil
infraction,
or state civil infraction.
(d)
If a public airport authority officer has witnessed an
individual
violate any of the following while the individual is
outside
the geographical boundaries of the public airport authority
but
the violation committed by the individual occurs within the
airspace
above the public airport authority and immediately pursues
the
individual:
(i) A state law or administrative rule.
(ii) A local ordinance.
(iii) A state law, administrative rule, or local
ordinance,
the
violation of which is a civil infraction, municipal civil
infraction,
or state civil infraction.
(2)
The officer pursuing an individual under subsection (1)(c)
or
(d) may stop and detain the person
outside the geographical
House Bill No.
5181 as amended November 10, 2016
boundaries
of the officer's county, city, village, township, public
airport
authority, or university for the
purpose of enforcing that
law,
administrative rule, or ordinance or enforcing any other law,
administrative
rule, or ordinance before, during, or immediately
after
the detaining of the individual. If the violation or pursuit
involves
a vessel moving on the waters of this state, the officer
pursuing
the individual may direct the operator of the vessel to
bring
the vessel to a stop or maneuver it in a manner that permits
the
officer to come beside the vessel.
(3)
As used in this section, "public airport authority" means
an
authority created under section 110 <<or a regional authority created
under section 139>> of the aeronautics code of
the
state of Michigan, 1945 PA 327, MCL 259.110 <<and 259.139>>, that is
a
political
subdivision and instrumentality of the local government
that
owns the airport and is considered a public agency of the
local
government for purposes of state and federal law.
Enacting
section 1. This amendatory act takes effect 90 days
after
the date it is enacted into law.