HB-5181, As Passed House, May 17, 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

 


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 of the aeronautics code of

 

the state of Michigan, 1945 PA 327, MCL 259.110, 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.