Bill Text: MI HB6104 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Law enforcement; other; definition of public body; expand to allow intermediate school districts to form law enforcement agencies. Amends secs. 2 & 9 of 2004 PA 378 (MCL 28.582 & 28.589). TIE BAR WITH: HB 6105'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-06 - Bill Electronically Reproduced 06/05/2018 [HB6104 Detail]

Download: Michigan-2017-HB6104-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6104

 

 

June 5, 2018, Introduced by Reps. Garrett, Geiss, Love, Byrd and Yancey and referred to the Committee on Education Reform.

 

     A bill to amend 2004 PA 378, entitled

 

"Public body law enforcement agency act,"

 

by amending sections 2 and 9 (MCL 28.582 and 28.589).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Governing entity" means either of the following, as

 

applicable:

 

     (i) For any public body except a public body described in

 

subparagraph (ii), the governing board or governing body of the

 

public body.

 

     (ii) In the case of a public body that is a qualifying school

 

district under part 5a of the revised school code, 1976 PA 451, MCL

 

380.371 to 380.376, the chief executive officer of the school

 

district, subject to the concurrence of the school reform board of


the school district.

 

     (b) "Intermediate school district" means that term as defined

 

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

 

     (c) "Public body" means either any of the following, within

 

this state:

 

     (i) A multicounty metropolitan district authorized and

 

established pursuant to state law by 2 or more counties with a

 

combined population of not less than 3,000,000, for the purpose of

 

cooperative planning, promoting, acquiring, constructing, owning,

 

developing, maintaining, or operating parks.

 

     (ii) A school district in this state that has a membership of

 

at least 20,000 pupils and that includes in its territory a city

 

with a population of at least 180,000 as of the most recent federal

 

decennial census.

 

     (iii) An intermediate school district.

 

     Sec. 9. (1) Except as provided in subsection (2), the

 

jurisdiction of law enforcement officers appointed under section 3

 

is limited to property owned or leased by the public body, wherever

 

situated in this state, and shall extend extends to any public

 

right-of-way traversing or immediately contiguous to the property.

 

The jurisdiction of those law enforcement officers may be extended

 

by state law governing peace officers or through deputization by a

 

county sheriff if authorized by the governing entity.

 

     (2) Notwithstanding subsection (1), the jurisdiction of law

 

enforcement officers who are granted powers and authority under

 

section 3 and are employed by a school district or an intermediate

 

school district shall include all territory within the boundaries


of the school district and all property outside the boundaries of

 

the school district that is owned, leased, or rented by or is

 

otherwise under the legal control of the school district or

 

intermediate school district that employs the public safety

 

officers.

 

     (3) A public law enforcement agency established under section

 

3 and each local law enforcement agency with which it has

 

overlapping jurisdiction shall enter into a memorandum of

 

understanding that establishes reasonable communication and

 

coordination efforts between those law enforcement agencies. If the

 

public law enforcement agency is a qualifying school district under

 

section 2(b)(ii) or an intermediate school district, the memorandum

 

of understanding shall must also establish jurisdiction of the

 

public law enforcement agency.

 

     (4) This act does not limit the jurisdiction of state, county,

 

or municipal peace officers.

 

     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.____ or House Bill No. 6105 (request no.

 

06318'18 a) of the 99th Legislature is enacted into law.

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