HOUSE BILL No. 4710


     May 19, 1999, Introduced by Reps. Sanborn, Faunce, Wojno, Richner, Kowall, Law and
Scranton and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1935 PA 59, entitled

   "An act to provide for the public safety; to create the Michigan
   state police, and provide for the organization thereof; to trans-
   fer thereto the offices, duties and powers of the state fire
   marshal, the state oil inspector, the department of the Michigan
   state police as heretofore organized, and the department of
   public safety; to create the office of commissioner of the
   Michigan state police; to provide for an acting commissioner and
   for the appointment of the officers and members of said depart-
   ment; to prescribe their powers, duties, and immunities; to pro-
   vide the manner of fixing their compensation; to provide for
   their removal from office; and to repeal Act No.  26 of the
   Public Acts of 1919, being sections 556 to 562, inclusive, of the
   Compiled Laws of 1929, and Act No.  123 of the Public Acts of
   1921, as amended, being sections 545 to 555, inclusive, of the
   Compiled Laws of 1929,"

   by amending section 6 (MCL 28.6), as amended by 1989 PA 10.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 6. (1) The commissioner and each officer of the depart-

 2    ment are vested with the powers of a conservator of the peace.

 3    They may also apply to any judicial officer of the state for the

 4    issuance of search warrants, warrants of arrest or any other


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 1    criminal process, or orders necessary  where  WHEN
             the

 2    institution of criminal proceedings for the discovery or punish-

 3    ment of a felony or a misdemeanor of any degree is ordered in

 4    writing by the attorney general in any case where the proper

 5    prosecuting attorney fails or refuses to act or give his or her

 6    approval.  The commissioner and each officer of the department

 7     are granted  HAVE all the immunities and matters
             of defense

 8    available  or hereafter made available  to
             conservators of the

 9    peace or sheriffs, or both, in any action brought against them by

10    virtue of acts done in the course of their employment.

11         (2) Any member of the department may serve and execute all

12    criminal and civil process, when directed to do so by the gover-

13    nor or the attorney general, in actions and matters in which the

14    state is a party.  The commissioner and the department 
             shall be 

15    ARE under the immediate control and direction of the governor,

16    and any member of the department may be employed by the attorney

17    general in any investigation or matter under the jurisdiction of

18    his or her department.

19         (3) The commissioner may, upon the order of the governor,

20    call upon any sheriff or other police officer of any county,

21    city, township, or village, within the limits of their respective

22    jurisdictions, for aid and assistance in the performance of any

23    duty imposed by this act.  Upon being notified or called upon for

24    aid and assistance, the officer concerned shall comply with the

25    order to the extent requested.  Refusal or neglect to comply with

26    the order is misfeasance in office, and shall subject the officer





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 1    refusing or neglecting to comply with the order to removal from

 2    office.

 3         (4) The commissioner shall formulate and put into effect

 4    plans and means of cooperating with the local police and peace

 5    officers throughout the state for the purpose of the prevention

 6    and discovery of crimes and the apprehension of criminals.  Local

 7    police and peace officers shall cooperate with the commissioner

 8    in those plans and means.  Every telegraph and telephone company

 9    operating within this state shall grant priority of service to

10    the police agencies and to the state police when notified that

11    the service is urgent and in the interests of the public safety.

12         (5) The commissioner and all officers of the department

13     shall  have  and exercise  all
             the powers of deputy sheriffs in

14    the execution of the criminal laws of the state and of all laws

15    for the discovery and prevention of crime, and  shall
              have

16    authority to make arrests without warrants for all violations of

17    the law committed in their presence, including laws designed for

18    the protection of the public in the use of the highways of the

19    state, and to serve and execute all criminal process.  The com-

20    missioner and all officers of the department also  shall
              have

21    the authority to exercise the powers of deputy sheriffs in the

22    execution of civil bench warrants issued by a circuit court pur-

23    suant to any domestic relations matter AND TO SERVE A PERSONAL

24    PROTECTION ORDER OR ARREST AN INDIVIDUAL WHO IS VIOLATING OR HAS

25    VIOLATED A PERSONAL PROTECTION ORDER ISSUED UNDER SECTION 2950 OR

26    2950A OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

27    600.2950 AND 600.2950A.  The commissioner and all officers of the



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 1    department shall cooperate with other state authorities and local

 2    authorities in detecting crime, apprehending criminals, and pre-

 3    serving law and order throughout the state.

 4         Enacting section 1.  This amendatory act takes effect

 5    September 1, 1999.














































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