May 13, 2015, Introduced by Reps. Heise, Santana, Faris, Kelly, Vaupel and Maturen and referred to the Committee on Judiciary.
A bill to amend 1968 PA 330, entitled
"Private security business and security alarm act,"
by amending sections 37 and 39 (MCL 338.1087 and 338.1089), as
added by 2010 PA 68, and by adding section 37a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 37. (1) This section and sections 38 to 42 apply only to
private college security forces.
(2) Consistent with this act, a private college or university
in this state that has students residing in college or university
housing may,
through action of its governing board, may authorize a
private college security force. The action of the governing board
shall do all of the following:
(a) Authorize a private college security force.
(b) Authorize appointment of persons to be members of that
private college security force.
(c) Authorize the assignment of duties, including the
enforcement of college or university regulations, and state and
local law under section 37a.
(d) Prescribe the oath of office.
(e) Limit employment to those individuals who meet the
requirements
of subsections (4), (5), (6), and (7). and section 40.
(3) A person appointed under subsection (2) shall be known and
designated
as a private college security officer and is fully
empowered
under this may act as a private college security officer
upon being appointed by a private college or university licensed
under this act.
(4) Except as provided in subsection (7), private college
security officers must meet the selection qualifications prescribed
in R 28.14203, R 28.14204, and R 28.14209 of the Michigan
administrative code, and must meet the standards and requirements
applicable to at least 1 category of recruits as set forth in R
28.14313 (military preservice recruits), R 28.14314 (basic
recruits), R 28.14315 (preservice recruits and preservice college
recruits), R 28.14316 (preservice college recruits), and R 28.14317
(agency basic recruits) of the Michigan administrative code, as
promulgated by the commission.
(5) Private college security forces are subject to the
provisions of R 28.14318, R 28.14319, and R 28.14320 of the
Michigan administrative code, as promulgated by the commission.
(6) Except as provided in subsection (7), private college
security officers may participate in the recognition of prior basic
law enforcement training and experience program as prescribed in R
28.14401, R 28.14402, R 28.14403, R 28.14404, R 28.14405, R
28.14406, R 28.14407, R 28.14408, R 28.14409, R 28.14410, R
28.14413, and R 28.14414 of the Michigan administrative code, as
promulgated by the commission.
(7) Subsections (4), (5), and (6) do not apply to an
individual who meets all of the following requirements:
(a) He or she is employed as a security officer by a private
college
or university on the effective date of this act.July 12,
1968.
(b) He or she is certified as a law enforcement officer by the
commission
on the effective date of this act July 12, 1968 or was
previously certified as a law enforcement officer by the commission
while employed by the private college or university as a law
enforcement officer but that certification became void during that
period of employment.
(c) The private college or university authorizes the creation
of a private college security force under this act.
(8) Investigations conducted to determine if a candidate for
appointment as a private college security officer meets the
selection qualifications, standards, and requirements in subsection
(4) are governed by R 28.14601, R 28.14602, R 28.14603, R 28.14604,
R 28.14606, R 28.14608, and R 28.14609 of the Michigan
administrative code, as promulgated by the commission. This section
shall
not be interpreted to does
not require the commission to
conduct the investigation or review of an applicant for employment
as a private college security officer.
(9) The governing board of a private college or university
that creates a private college security force under this section
may be subject to a fee payable to the commission under section
10(2) of the commission on law enforcement standards act, 1965 PA
203, MCL 28.610.
Sec. 37a. (1) Except as provided in subsection (3), a private
college security officer appointed under section 37 may exercise
the authority and powers of a peace officer outside the
geographical boundaries of the officer's private college or
university only under any of the following circumstances:
(a) If the officer is enforcing the laws of this state in
conjunction with the department of 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, or university in which the officer may be
present.
(c) If the officer has witnessed an individual violate any of
the following within the geographical boundaries of the officer's
private college or university and immediately pursues the
individual outside the geographical boundaries of the officer's
private college 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.
(2) The officer pursuing an individual under subsection (1)(c)
may stop and detain the person outside the geographical boundaries
of the officer's private college or university for the purpose of
enforcing that law, administrative rule, or ordinance before,
during, or immediately after detaining 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) A private college security officer may exercise the
authority and powers of a peace officer outside the geographical
boundaries of the officer's private college or university in
circumstances other than those described in subsections (1) and (2)
if all of the following conditions are met:
(a) The officer meets the minimum standards to be certified as
a law enforcement officer under section 9 of the commission on law
enforcement standards act, 1965 PA 203, MCL 28.609, and R 28.14101
to R 28.14702 of the Michigan administrative code.
(b) The officer is deputized by the sheriff or sheriffs of the
county or counties in which the land of the private college or
university is located and in which the officer will work, under
section 70 of 1846 RS 14, MCL 51.70.
(c) The deputation is made pursuant to a written agreement
that includes any terms that the deputizing authority may require
of the governing board of the private college or university.
(d) The written agreement is filed with the commission.
(e) If the property of the private college or university is
located entirely within 1 city, the deputation must be approved by
the chief of police of that city. If the property of the private
college or university is not located entirely within 1 city, the
deputation must be approved by the chief of police of each city
within which the private college or university owns, maintains, or
controls property.
Sec. 39. Upon being appointed under section 37 by a private
college or university licensed under this act, private college
security officers have the power to make arrests as provided in
section
30. That Except as
provided in section 37a, that power may
shall be exercised only on property owned or leased by the private
college
or university wherever situated. Private Except for those
officers meeting the standards under section 9 of the commission on
law enforcement standards act, 1965 PA 203, MCL 28.609, and
deputized as provided in section 37a, private college security
officers are not certified as law enforcement officers under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616.