Bill Text: MI HB4978 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Law enforcement; reports; law enforcement officers to indicate race of person being issued a traffic citation; require, and provide sanctions. Amends sec. 727c of 1949 PA 300 (MCL 257.727c).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-21 - Printed Bill Filed 05/21/2009 [HB4978 Detail]

Download: Michigan-2009-HB4978-Introduced.html

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HOUSE BILL No. 4978

 

May 20, 2009, Introduced by Rep. Jackson and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 727c (MCL 257.727c), as amended by 1999 PA 73.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 727c. (1) As used in this act, "citation" means a

 

complaint or notice upon which a police officer shall record an

 

occurrence involving 1 or more vehicle law violations by the person

 

cited. Each citation shall be numbered consecutively, be in a form

 

as determined by the secretary of state, the attorney general, the

 

state court administrator, and the director of the department of

 

state police and shall consist of the following parts:

 

     (a) The original, which shall be is a complaint or notice to

 

appear by the officer and shall be filed with the court in which

 

the appearance is to be made.

 

     (b) The first copy, which shall be retained by the local

 

traffic enforcement agency.

 

     (c) The second copy, which shall be delivered to the alleged

 

violator if the violation is a misdemeanor.

 

     (d) The third copy, which shall be delivered to the alleged

 

violator if the violation is a civil infraction.

 

     (2) With the prior approval of the state officials enumerated

 

in subsection (1), the citation may be appropriately modified as to

 

content or number of copies to accommodate law enforcement and

 

local court procedures and practices. Use of this citation for

 

other than moving violations is optional.

 

     (3) For purposes of this act, a complaint signed by a police

 

officer shall be treated as made under oath if the violation

 

alleged in the complaint is either a civil infraction or a

 

misdemeanor or ordinance violation for which the maximum

 

permissible penalty does not exceed 93 days in jail or a fine, or

 

both, and occurred or was committed in the signing officer's

 

presence or under circumstances permitting the officer's issuance

 

of a citation under section 625a or 728(8), and if the complaint

 

contains the following statement immediately above the date and

 

signature of the officer:

 

     "I declare under the penalties of perjury that the statements

 

above are true to the best of my information, knowledge, and

 

belief.".

 

     (4) Each citation shall provide a blank space and a check-off

 

box or other mechanism for noting the race or ethnicity of the

 

individual to whom the traffic citation is issued, including, but

 

not limited to, Arab, Asian, Black, Caucasian, Hispanic, or Native

 

American. If the police officer issuing the citation cannot

 

visually ascertain the race or ethnicity of the individual to whom

 

the citation is issued, the officer shall ask the individual to

 

state his or her race or ethnicity. If the individual identifies

 

himself or herself as other than Arab, Asian, Black, Caucasian,

 

Hispanic, or Native American, or as more than 1 of them, the

 

individual's actual self-description prevails. If the individual

 

declines to respond to the question, the officer shall indicate on

 

the citation that the individual declines to respond. Information

 

ascertained under this subsection shall be recorded on the

 

citation. An officer who violates this subsection by failing to

 

ascertain or attempt to ascertain the race or ethnicity of the

 

individual to whom the citation is issued or by reporting false

 

information on the citation is guilty of misconduct and subject to

 

administrative discipline by his or her employer.

 

     (5) Information reported on a citation as described under

 

subsection (4) shall be collected by the law enforcement agency

 

that employs the officer who issued the citation. The law

 

enforcement agency shall forward that information to the department

 

of state police in a form and manner as determined by the

 

department of state police.