Bill Text: MI SB0959 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; training; Michigan commission on law enforcement standards; modify to include active shooter training. Amends sec. 9 of 1965 PA 203 (MCL 28.609) & adds sec. 9e.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-07 - Referred To Committee On Appropriations [SB0959 Detail]
Download: Michigan-2017-SB0959-Introduced.html
SENATE BILL No. 959
April 19, 2018, Introduced by Senators ZORN, JONES, KNOLLENBERG, KOWALL, BOOHER and HORN and referred to the Committee on Judiciary.
A bill to amend 1965 PA 203, entitled
"Michigan commission on law enforcement standards act,"
by amending section 9 (MCL 28.609), as amended by 2017 PA 198, and
by adding section 9e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) This section applies to all law enforcement
officers except individuals to whom sections 9a, 9b, 9c, and 9d
apply. Employment of law enforcement officers to whom this section
applies is subject to the licensing requirements and procedures of
this section and section 9e. An individual who seeks admission to a
preservice college basic law enforcement training academy or a
regional basic law enforcement training academy or the recognition
of prior basic law enforcement training and experience program for
purposes of licensure under this section shall submit to
fingerprinting as provided in section 11(3).
(2) The commission shall promulgate rules governing licensing
standards and procedures for individuals licensed under this
section. In promulgating the rules, the commission shall give
consideration to the varying factors and special requirements of
law enforcement agencies. Rules promulgated under this subsection
shall
must pertain to the following:
(a)
Training Subject to section
9e, training requirements that
may be met by completing either of the following:
(i) Preenrollment requirements, courses of study, attendance
requirements, and instructional hours at an agency basic law
enforcement training academy, a preservice college basic law
enforcement training academy, or a regional basic law enforcement
training academy.
(ii) The recognition of prior basic law enforcement training
and experience program for granting a waiver from the licensing
standard specified in subparagraph (i).
(b) Proficiency on a licensing examination administered after
compliance with the licensing standard specified in subdivision
(a).
(c) Physical ability.
(d) Psychological fitness.
(e) Education.
(f) Reading and writing proficiency.
(g) Minimum age.
(h) Whether or not a valid operator's or chauffeur's license
is required for licensure.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the individual for whom licensure is sought.
(j) Whether or not United States citizenship is required for
licensure.
(k) Employment as a law enforcement officer.
(l) The form and manner for execution of a written oath of
office by a law enforcement agency with whom the individual is
employed, and the content of the written oath conferring authority
to act with all of the law enforcement authority described in the
laws of this state under which the individual is employed.
(m) The ability to be licensed and employed as a law
enforcement officer under this section, without a restriction
otherwise imposed by law.
(3) The licensure process under this section must follow the
following procedures:
(a) Before executing the oath of office, an employing law
enforcement agency verifies that the individual to whom the oath is
to be administered complies with licensing standards.
(b) A law enforcement agency employing an individual licensed
under this section authorizes the individual to exercise the law
enforcement authority described in the laws of this state under
which the individual is employed, by executing a written oath of
office.
(c) Not more than 10 calendar days after executing the oath of
office, the employing law enforcement agency shall attest in
writing to the commission that the individual to whom the oath was
administered satisfies the licensing standards by submitting an
executed affidavit and a copy of the executed oath of office.
(4) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the individual
complies with the licensing standards, the commission shall grant
the individual a license.
(5) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the individual does
not comply with the licensing standards, the commission may do any
of the following:
(a) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(b) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(c) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(d) Deny the issuance of a license and inform the employing
law enforcement agency.
(6) Upon being informed that the commission has denied
issuance of a license, the employing law enforcement agency shall
promptly inform the individual whose licensure was denied.
(7) An individual denied a license under this section shall
not exercise the law enforcement authority described in the laws of
this state under which the individual is employed. This subsection
does not divest the individual of that authority until the
individual has been informed that his or her licensure was denied.
(8) A law enforcement agency that has administered an oath of
office to an individual under this section shall do all of the
following, with respect to that individual:
(a) Report to the commission all personnel transactions
affecting employment status in a manner prescribed in rules
promulgated by the commission.
(b) Report to the commission concerning any action taken by
the employing agency that removes the authority conferred by the
oath of office, or that restores the individual's authority to that
conferred by the oath of office, in a manner prescribed in rules
promulgated by the commission.
(c) Maintain an employment history record.
(d) Collect, verify, and maintain documentation establishing
that the individual complies with the licensing standards.
(9) An individual licensed under this section shall report all
of the following to the commission:
(a) Criminal charges for offenses for which that individual's
license may be revoked as described in this section, upon being
informed of such charges, in a manner prescribed in rules
promulgated by the commission.
(b) The imposition of a personal protection order against that
individual after a judicial hearing under section 2950 or 2950a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
600.2950a, or under the laws of any other jurisdiction, upon being
informed of the imposition of such an order, in a manner prescribed
in rules promulgated by the commission.
(10) A license issued under this section is rendered inactive,
and may be reactivated, as follows:
(a) A license is rendered inactive if 1 or more of the
following occur:
(i) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously not employed as a law enforcement officer for less
than 1 year.
(ii) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously subjected to a removal of the authority conferred by
the oath of office for less than 1 year.
(iii) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is thereafter
continuously not employed as a law enforcement officer for less
than 2 years.
(iv) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is continuously
subjected to a removal of the authority conferred by the oath of
office for less than 2 years.
(b) An employing law enforcement agency may reactivate a
license rendered inactive by complying with the licensure
procedures described in subsection (3), excluding verification of
and attestation to compliance with the licensing standards
described in subsection (2)(a) to (g).
(c) A license that has been reactivated under this section is
valid for all purposes described in this act.
(11) A license issued under this section is rendered lapsed,
without barring further licensure under this act, if 1 or more of
the following occur:
(a) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously not employed as a law enforcement officer for 1 year.
(b) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously subjected to a removal of the authority conferred by
the oath of office for 1 year.
(c) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is thereafter
continuously not employed as a law enforcement officer for 2 years.
(d) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is continuously
subjected to a removal of the authority conferred by the oath of
office for 2 years.
(12) The commission shall revoke a license granted under this
section for any of the following circumstances and shall promulgate
rules governing revocations under this subsection:
(a) The individual obtained the license by making a materially
false oral or written statement or committing fraud in an
affidavit, disclosure, or application to a law enforcement training
academy, the commission, or a law enforcement agency at any stage
of recruitment, selection, appointment, enrollment, training, or
licensure application.
(b) The individual obtained the license because another
individual made a materially false oral or written statement or
committed fraud in an affidavit, disclosure, or application to a
law enforcement training academy, the commission, or a law
enforcement agency at any stage of recruitment, selection,
appointment, enrollment, training, or licensure application.
(c) The individual has been subjected to an adjudication of
guilt for a violation or attempted violation of a penal law of this
state or another jurisdiction that is punishable by imprisonment
for more than 1 year.
(d) The individual has been subjected to an adjudication of
guilt for violation or attempted violation of 1 or more of the
following penal laws of this state or laws of another jurisdiction
substantially corresponding to the penal laws of this state:
(i) Section 625(1) or (8) of the Michigan vehicle code, 1949
PA 300, MCL 257.625, if the individual has a prior conviction, as
that term is defined in section 625(25)(b) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the
adjudication as described in section 625(9)(b) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
(ii) Section 7403(2)(c) or 7404(2)(a), (b), or (c) of the
public health code, 1978 PA 368, MCL 333.7403 and 333.7404.
(iii) Section 81(4) or 81a or a misdemeanor violation of
section 411h of the Michigan penal code, 1931 PA 328, MCL 750.81,
750.81a, and 750.411h.
(13) The following procedures and requirements apply to
license revocation under this section:
(a) The commission shall initiate license revocation
proceedings, including, but not limited to, the issuance of an
order of summary suspension and notice of intent to revoke, upon
obtaining notice of facts warranting license revocation.
(b) A hearing for license revocation must be conducted as a
contested case under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(c) In lieu of participating in a contested case, an
individual may voluntarily and permanently relinquish his or her
law enforcement officer license by executing before a notary public
an affidavit of license relinquishment prescribed by the
commission.
(d) The commission need not delay or abate license revocation
proceedings based on an adjudication of guilt if an appeal is taken
from the adjudication of guilt.
(e) If the commission issues a final decision or order to
revoke a license, that decision or order is subject to judicial
review as provided in the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. A summary suspension described
in this section is not a final decision or order for purposes of
judicial review.
(14) An individual licensed under this section shall not
exercise the law enforcement authority described in the laws of
this state under which the individual is employed if any of the
following occur:
(a) The individual's license is rendered void by a court order
or other operation of law.
(b) The individual's license is revoked.
(c) The individual's license is rendered inactive.
(d) The individual's license is rendered lapsed.
Sec. 9e. (1) Beginning January 1, 2020, an individual seeking
to become licensed under section 9 shall complete active shooter
training that emphasizes gaining of tactical advantage and the
rapid response of law enforcement officers.
(2) The commission shall promulgate rules establishing the
minimum standards for the active shooter training required under
subsection (1).
(3) The minimum active shooter training standards required
under subsection (1) must include at least all of the following:
(a) Scenario-based instruction involving 360-degree security.
(b) Formations with 1 to 6 law enforcement officers with
various weapons.
(c) Building entry.
(d) Coordination of rescue teams and medical first responders.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
