Bill Text: MI HB4960 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Law enforcement; local police; high-speed chase policy; modify. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-19 - Bill Electronically Reproduced 09/14/2017 [HB4960 Detail]

Download: Michigan-2017-HB4960-Introduced.html

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HOUSE BILL No. 4960

 

 

September 14, 2017, Introduced by Reps. Neeley, Chirkun, Phelps, Faris, Scott, Byrd, Lasinski, Yanez, Zemke, Geiss, Chang, Hoadley, Hammoud, Gay-Dagnogo, Moss, Sowerby, Love, Elder, Wittenberg, Camilleri, Rabhi, Garrett, Ellison and Jones and referred to the Committee on Law and Justice.

 

     A bill to create the state police motor vehicle pursuit policy

 

act; to regulate motor vehicle pursuits by the department of state

 

police in certain municipalities; and to prescribe the powers and

 

duties of certain state and local agencies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "state

 

police motor vehicle pursuit policy act".

 

     Sec. 2. As used in this act:

 

     (a) "Local pursuit policy" means a written policy in a

 

municipality providing the standards by which a peace officer

 

within the boundaries of that municipality may conduct motor

 

vehicle pursuits.

 

     (b) "Motor vehicle pursuit" means an active attempt by a peace

 

officer, who is operating a motor vehicle, to apprehend an

individual, who is also operating a motor vehicle, while the

 

individual is trying to avoid capture by using high-speed driving

 

or other evasive tactics including, but not limited to, driving off

 

any surface, excluding interstate highways, that accommodates motor

 

vehicle or pedestrian traffic, making sudden or unexpected

 

movements, or driving on the wrong side of the road.

 

     (c) "Municipality" means a city whose law enforcement agency

 

is supported by the department of state police's secure cities

 

partnership initiative.

 

     (d) "Peace officer" means a sheriff or sheriff's deputy, a

 

village or township marshal, an officer of the police department of

 

any city, village, or township, an officer of the department of

 

state police, or any peace officer who is trained and licensed

 

under the Michigan commission on law enforcement standards act,

 

1965 PA 203, MCL 28.601 to 28.615.

 

     Sec. 3. All of the following conditions apply with respect to

 

motor vehicle pursuits conducted by a peace officer or peace

 

officers of the department of state police within the bounds of a

 

municipality:

 

     (a) If the municipality has adopted a local pursuit policy,

 

the pursuit must be conducted in conformity with the municipality's

 

local pursuit policy.

 

     (b) Any peace officer of a municipality that has adopted a

 

local pursuit policy has the authority to order the end of a motor

 

vehicle pursuit conducted by a peace officer or peace officers of

 

the department of state police within that municipality if that

 

motor vehicle pursuit does not conform to the municipality's local

pursuit policy.

 

     (c) If a municipality does not have a local pursuit policy,

 

officers of the department of state police shall conduct a motor

 

vehicle pursuit in that municipality in conformity with the

 

policies of the department of state police.

 

     Sec. 4. During a motor vehicle pursuit, a peace officer

 

initiating the motor vehicle pursuit shall immediately notify the

 

dispatcher that the peace officer is in a motor vehicle pursuit and

 

shall report the following information:

 

     (a) Known violation or reason for the pursuit.

 

     (b) Description of the pursued vehicle.

 

     (c) Location and direction of travel of the pursued vehicle.

 

     (d) Speed of the pursued vehicle.

 

     (e) Number of known occupants in the vehicle.

 

     (f) Type of weapons in the vehicle, if known.

 

     Sec. 5. Any peace officer involved in a motor vehicle pursuit

 

that begins in 1 county, city, village, or township and crosses

 

into another county, city, village, or township in which the notice

 

under section 4 was not given may give the notice required under

 

section 4 to the dispatcher in the other county, city, village, or

 

township.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.