LEGISLATIVE SERGEANTS AT ARMS: COMMISSION AS POLICE OFFICERS
House Bill 5341
Sponsor: Rep. Ken Bradstreet
House Bill 5342
Sponsor: Rep. Larry Julian
Committee: House Oversight and Operations
Complete to 10-29-01
A SUMMARY OF HOUSE BILLS 5341 AND 5342 AS INTRODUCED 10-25-01
House Bill 5341 would create a new act, the Legislative Sergeant of Arms Police Powers Act, to allow each house of the legislature to commission a sergeant at arms and one or more assistant sergeants at arms as police officers, to enforce rules adopted by that house and the laws of the state as designated by the respective houses. In performing their enforcement activities, commissioned sergeants at arms and assistant sergeants at arms would be vested with the powers, privileges, prerogatives, and immunities conferred upon police officers under the laws of the state. The office of sergeant at arms of each house would be a law enforcement agency of the state.
Each commissioned sergeant and assistant sergeant would have the power to enforce rules adopted by that house and state laws in the Capitol building and on the grounds; buildings in which the offices of legislators are located; locations where either house or a committee or subcommittee of either house is holding a session, meeting, or public hearing, including a reasonable time before and after the session, meeting, or hearing; legislative parking areas; and areas immediately adjacent to those previously mentioned.
The Senate could, under its rules, delegate the commissioning of sergeants and assistant sergeants as police officers and the designating of their responsibilities to the Senate Majority Leader, the Secretary of the Senate, or other officers or employees of the Senate. The House, under its rules, could delegate the commissioning of sergeants and assistants and the designating of their responsibilities to the Speaker of the House of Representatives, the Clerk of the House, or other officers or employees of the House.
House Bill 5342 would amend the Commission on Law Enforcement Standards Act (MCL 28.602) to include under the definition of "police officer" or "law enforcement officer" the sergeant of arms or any assistant sergeant of arms of either house of the legislature who was commissioned as a police officer by that respective house as provided by the Legislative Sergeant At Arms Police Powers Act.
The two bills are tie-barred.
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.