March 22, 2016, Introduced by Reps. Guerra, Kesto and Tedder and referred to the Committee on Judiciary.
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:
(a) The agency shall be funded by the appropriation of public
funds only.
(b) The agency shall maintain liability insurance.
(c) The agency shall establish and abide by written policies
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 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
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 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 and authority
of peace and police officers are granted under section 3 shall meet
the minimum employment standards of the 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
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill. No. 92 of the 98th Legislature is enacted into
law.