Bill Text: MI HB5878 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Law enforcement; other; employment standards for law enforcement officers; modify color vision standard. Amends sec. 9 of 1965 PA 203 (MCL 28.609).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-20 - Bill Electronically Reproduced 09/15/2016 [HB5878 Detail]

Download: Michigan-2015-HB5878-Introduced.html

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HOUSE BILL No. 5878

 

 

September 15, 2016, Introduced by Rep. Lyons and referred to the Committee on Judiciary.

 

     A bill to amend 1965 PA 203, entitled

 

"Commission on law enforcement standards act,"

 

by amending section 9 (MCL 28.609), as amended by 2005 PA 239.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. (1) The commission shall promulgate rules to establish

 

law enforcement officer minimum standards. The rules do not apply

 

to a member of a sheriff's posse or a police auxiliary temporarily

 

performing his or her duty under the direction of the sheriff or

 

police department. In promulgating the law enforcement officer

 

minimum standards, the commission shall give consideration to the

 

varying factors and special requirements of local police agencies.

 

The law enforcement officer minimum standards shall include all of

 

the following:

 

     (a) Minimum standards of physical, educational, mental, and

 

moral fitness that govern the recruitment, selection, appointment,

 

and certification of law enforcement officers, except that the

 

minimum standards promulgated under this subdivision shall not

 

require that a person possess normal color vision without the

 

assistance of color-enhancing lenses to be certified as a law

 

enforcement officer.

 

     (b) Minimum courses of study, attendance requirements, and

 

instructional hours required at approved police training schools.

 

      (c) Minimum basic training requirements that a person,

 

excluding sheriffs, shall complete before being eligible for

 

certification under section 9a(1).

 

     (2) If a person's certification under section 9a(1) becomes

 

void under section 9a(4)(b), the commission shall waive the

 

requirements described in subsection (1)(b) for certification of

 

the person under section 9a(1) if 1 or more of the following apply:

 

     (a) The person has been employed 1 year or less as a

 

commission certified law enforcement officer and is again employed

 

as a law enforcement officer within 1 year after discontinuing

 

employment as a commission certified law enforcement officer.

 

     (b) The person has been employed more than 1 year but less

 

than 5 years as a commission certified law enforcement officer and

 

is again employed as a law enforcement officer within 18 months

 

after discontinuing employment as a commission certified law

 

enforcement officer.

 

     (c) The person has been employed 5 years or more as a

 

commission certified law enforcement officer and is again employed

as a law enforcement officer within 2 years after discontinuing

 

employment as a commission certified law enforcement officer.

 

     (d) The person has successfully completed the mandatory

 

training and has been continuously employed as a law enforcement

 

officer, but through no fault of that person the employing agency

 

failed to obtain certification for that person as required by this

 

act.

 

     (3) A commission certified law enforcement officer who is a

 

member of any of the reserve components of the United States armed

 

forces Armed Forces and who is called to active duty in the armed

 

forces is not considered to have discontinued his or her employment

 

as a commission certified law enforcement officer under section

 

9a(4)(b). The person's certification under section 9a(1) shall not

 

become void during that term of active military service. However,

 

the certification of a certified law enforcement officer described

 

in this subsection may be revoked under section 9b if the officer

 

committed an offense during the period of active duty in the armed

 

forces that resulted in a conviction enumerated in section 9b(1).

 

As used in this subsection, "reserve components of the United

 

States armed forces" Armed Forces" means that term as defined in

 

section 2 of the military family relief fund act, 2004 PA 363, MCL

 

35.1212. This subsection does not apply to a commission certified

 

law enforcement officer who volunteers for a term of active

 

military service or who voluntarily extends a term of active

 

military service that began when he or she was called to active

 

duty. This subsection does not apply to a commission certified law

 

enforcement officer who is dishonorably discharged from a term of

active military service.

 

     (4) The commission shall promulgate rules with respect to all

 

of the following:

 

     (a) The categories or classifications of advanced in-service

 

training programs for commission certified law enforcement officers

 

and minimum courses of study and attendance requirements for the

 

categories or classifications.

 

     (b) The establishment of subordinate regional training centers

 

in strategic geographic locations in order to serve the greatest

 

number of police agencies that are unable to support their own

 

training programs.

 

     (c) The commission's acceptance of certified basic police

 

training and law enforcement experience received by a person in

 

another state in fulfillment in whole or in part of the law

 

enforcement officer minimum standards.

 

     (d) The commission's approval of police training schools

 

administered by a city, county, township, village, corporation,

 

college, community college or university.

 

     (e) The minimum qualifications for instructors at approved

 

police training schools.

 

     (f) The minimum facilities and equipment required at approved

 

police training schools.

 

     (g) The establishment of preservice basic training programs at

 

colleges and universities.

 

     (h) Acceptance of basic police training and law enforcement

 

experience received by a person in fulfillment in whole or in part

 

of the law enforcement officer minimum standards prepared and

published by the commission if both of the following apply:

 

     (i) The person successfully completed the basic police

 

training in another state or through a federally operated police

 

training school that was sufficient to fulfill the minimum

 

standards required by federal law to be appointed as a law

 

enforcement officer of a Michigan Indian tribal police force.

 

     (ii) The person is or was a law enforcement officer of a

 

Michigan Indian tribal police force for a period of 1 year or more.

 

     (5) Except as otherwise provided in this section, a regularly

 

employed person employed on or after January 1, 1977 as a member of

 

a police force having a full-time officer is not empowered to

 

exercise all the authority of a peace officer in this state, or be

 

employed in a position for which the authority of a peace officer

 

is conferred by statute, unless the person has received

 

certification under section 9a(1).

 

     (6) A law enforcement officer employed before January 1, 1977

 

may continue his or her employment as a law enforcement officer and

 

participate in training programs on a voluntary or assigned basis

 

but failure to obtain certification under section 9a(1) or (2) is

 

not grounds for dismissal of or termination of that employment as a

 

law enforcement officer. A person who was employed as a law

 

enforcement officer before January 1, 1977 who fails to obtain

 

certification under section 9a(1) and who voluntarily or

 

involuntarily discontinues his or her employment as a law

 

enforcement officer may be employed as a law enforcement officer if

 

he or she was employed 5 years or more as a law enforcement officer

 

and is again employed as a law enforcement officer within 2 years

after discontinuing employment as a law enforcement officer.

 

     (7) A law enforcement officer of a Michigan Indian tribal

 

police force is not empowered to exercise the authority of a peace

 

officer under the laws of this state and shall not be employed in a

 

position for which peace officer authority is granted under the

 

laws of this state unless all of the following requirements are

 

met:

 

     (a) The tribal law enforcement officer is certified under this

 

act.

 

     (b) The tribal law enforcement officer is 1 of the following:

 

     (i) Deputized by the sheriff of the county in which the trust

 

lands of the Michigan Indian tribe employing the tribal law

 

enforcement officer are located, or by the sheriff of any county

 

that borders the trust lands of that Michigan Indian tribe,

 

pursuant to under section 70 of 1846 RS 14, MCL 51.70.

 

     (ii) Appointed as a police officer of the state or a city,

 

township, charter township, or village that is authorized by law to

 

appoint individuals as police officers.

 

     (c) The deputation or appointment of the tribal law

 

enforcement officer described in subdivision (b) is made pursuant

 

to a written contract that includes terms the appointing authority

 

under subdivision (b) may require between the state or local law

 

enforcement agency and the tribal government of the Michigan Indian

 

tribe employing the tribal law enforcement officer.

 

     (d) The written contract described in subdivision (c) is

 

incorporated into a self-determination contract, grant agreement,

 

or cooperative agreement between the United States secretary of the

interior and the tribal government of the Michigan Indian tribe

 

employing the tribal law enforcement officer pursuant to the Indian

 

self-determination and education assistance act, Public Law 93-638,

 

88 Stat. 2203.

 

     (8) A law enforcement officer of a multicounty metropolitan

 

district, other than a law enforcement officer employed by a law

 

enforcement agency created under the public body law enforcement

 

agency act, is not empowered to exercise the authority of a peace

 

officer under the laws of this state and shall not be employed in a

 

position for which peace officer authority is granted under the

 

laws of this state unless all of the following requirements are

 

met:

 

     (a) The law enforcement officer has met or exceeded minimum

 

standards for certification under this act.

 

     (b) The law enforcement officer is deputized by the sheriff or

 

sheriffs of the county or counties in which the land of the

 

multicounty metropolitan district employing the law enforcement

 

officer is located and in which the law enforcement officer will

 

work, pursuant to under section 70 of 1846 RS 14, MCL 51.70.

 

     (c) The deputation or appointment of the law enforcement

 

officer is made pursuant to a written agreement that includes terms

 

the deputizing authority under subdivision (b) may require between

 

the state or local law enforcement agency and the governing board

 

of the multicounty metropolitan district employing the law

 

enforcement officer.

 

     (d) The written agreement described in subdivision (c) is

 

filed with the commission.

     (9) A public body that creates a law enforcement agency under

 

the public body law enforcement agency act and that employs 1 or

 

more law enforcement officers certified under this act shall be

 

considered to be is a law enforcement agency for purposes of

 

section 9d.

 

     (10) The commission may establish an evaluation or testing

 

process, or both, for granting a waiver from the law enforcement

 

officer minimum standards regarding training requirements to a

 

person who has held a certificate under this act and who

 

discontinues employment as a law enforcement officer for a period

 

of time exceeding the time prescribed in subsection (2)(a) to (c)

 

or (6), as applicable.