HB 5494, As Passed House, September 7, 2016

HB 5494, As Passed Senate, September 7, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5494

A bill to amend 2004 PA 378, entitled

"Public body law enforcement agency act,"

by amending sections 6 and 7 (MCL 28.586 and 28.587).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 6. (1) A law enforcement agency created under this act

shall comply with all of the following requirements:

(a) The agency shall be funded by the appropriation of public

funds only.

(b) The agency shall maintain liability insurance.

pertaining to all of the following:

(i) The authority of its law enforcement officers, including

the extent of those officers' authority to enforce the criminal

laws of this state and other state laws, local ordinances, and

ordinances and regulations of the public body. If the law

enforcement officers of that agency are granted any additional

authority through deputization by a county sheriff or chief of

police, the written policies shall describe that authority.

(ii) The specific geographic boundaries of the agency's

jurisdiction.

(iii) The authority and responsibility of the chief law

enforcement officer of the agency.

(iv) Employee discipline.

(v) The legal status of agencies and personnel who respond to

mutual aid requests.

(vi) Any other written policy or procedure consistent with a

policy or procedure implemented by the sheriff or chief of police

whose approval is required under section 4.

(vii) The ~~requirements of section 9d of~~ requirement to

maintain employment history records under the Michigan commission

on law enforcement standards act, 1965 PA 203, MCL ~~28.609d.~~28.601

to 28.615.

(viii) Any other policy or procedure required by statute.

(d) The agency shall develop and maintain an organizational

chart describing the structure of the agency and the

responsibilities and authority within the agency and shall develop

and maintain written employment position descriptions for all

personnel in the agency.

(2) A public body that creates a law enforcement agency under

this act shall present written documentation of compliance with

this section to each county prosecuting attorney and sheriff, or

chief of police when applicable, before approval is granted under

section 4. A copy of this documentation shall be filed with the

Michigan commission on law enforcement standards along with written

approval from all affected prosecuting attorneys, sheriffs, or

chiefs of police.

(3) The public body shall maintain compliance with the

requirements of this section. Failure to maintain these minimum

standards shall constitute just cause for the county prosecuting

attorneys and sheriffs or chiefs of police, by unanimous written

approval, to withdraw the approval granted under section 4. Before

withdrawal of that approval, the prosecuting attorney and sheriff

or chief of police shall hold not fewer than 2 public hearings in

the law enforcement agency's jurisdiction on the question of

whether maintenance of minimum standards has failed.

Sec. 7. (1) A public body that creates a law enforcement

agency under this act shall comply with the ~~requirements of section~~

~~9d of the~~ requirement to maintain employment history records for

officers in its employ under the Michigan commission on law

enforcement standards act, 1965 PA 203, MCL ~~28.609d.~~28.601 to

28.615.

(2) Law enforcement officers to whom the powers, immunities,

and authority of peace and police officers are granted under

section 3 shall meet the minimum employment standards of the

Michigan commission on law enforcement standards act, 1965 PA 203,

MCL 28.601 to ~~28.616.~~28.615.

Enacting section 1. This amendatory act takes effect 90 days