May 11, 2006, Introduced by Reps. Walker, Stahl, Meyer and Nitz and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1606 and 83107 (MCL 324.1606 and 324.83107),
section 1606 as amended by 2000 PA 414 and section 83107 as added
by 1998 PA 418.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1606. (1) The department and conservation officers
appointed by the department are peace officers vested with all the
powers, privileges, prerogatives, and immunities conferred upon
peace officers by the general laws of this state; have the same
power to serve criminal process as sheriffs; have the same right as
sheriffs to require aid in executing process; and are entitled to
the same fees as sheriffs in performing those duties.
(2) The department may commission park and recreation officers
to enforce, on property regulated under part 741 or 781, rules
promulgated by the department and orders issued by the department
that are authorized in those rules, including, but not limited to,
rules
promulgated or orders issued under section 504, and any
laws of this state specified in those rules as enforceable by
commissioned park and recreation officers, and quarantine orders,
regulations, or rules issued or promulgated under the insect pest
and plant disease act, 1931 PA 189, MCL 286.201 to 286.228, or 1945
PA 72, MCL 286.251 to 286.260. In performing those enforcement
activities, commissioned park and recreation officers are vested
with the powers, privileges, prerogatives, and immunities conferred
upon peace officers under the laws of this state. However, a park
and recreation officer enforcing rules, orders, or laws described
in this subsection on property regulated under part 781 may arrest
an individual only for a minor offense committed in the officer's
presence and shall issue an appearance ticket as provided in
subsection (6).
(3) In addition to the limited arrest authority granted in
subsection (2), on property regulated under part 741, a
commissioned park and recreation officer may arrest an individual
without a warrant if 1 or more of the following circumstances
exist:
(a) In the presence of the park and recreation officer, the
individual commits an assault or an assault and battery in
violation of section 81 or 81a of the Michigan penal code, 1931 PA
328, MCL 750.81 and 750.81a.
(b) The park and recreation officer has reasonable cause to
believe that a felony has been committed and reasonable cause to
believe that the individual has committed it.
(c) The park and recreation officer has received affirmative
written or verbal notice from a law enforcement officer or agency
that a peace officer possesses a warrant for the individual's
arrest.
(d) The person violates section 625(1), (3), or (6) or 626 of
the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.626.
(e) The person violates part 741, 811, or 821 or section
80198b, 80205(8), or 80209.
(f) The
person violates section 11(7) or 19 of the personal
watercraft
safety act, 1998 PA 116, MCL 281.1411 and 281.1419. The
person violates a quarantine order, regulation, or rule issued or
promulgated under the insect pest and plant disease act, 1931 PA
189, MCL 286.201 to 286.228, or 1945 PA 72, MCL 286.251 to 286.260.
(4) In addition to the limited arrest authority granted in
subsection (2), on property regulated under part 781, a
commissioned park and recreation officer may arrest an individual
without a warrant for a minor offense listed in subsection (3)
committed in the officer's presence and shall issue an appearance
ticket as provided in subsection (6).
(5)
A commissioned park and recreation officer under
subsection
(2) may issue a civil infraction citation to an
individual who violates section 626b or 627 of the Michigan vehicle
code, 1949 PA 300, MCL 257.626b and 257.627, or a quarantine order,
regulation, or rule issued or promulgated under the insect pest and
plant disease act, 1931 PA 189, MCL 286.201 to 286.228, or 1945 PA
72, MCL 286.251 to 286.260.
(6) If a conservation officer or a commissioned park and
recreation
officer commissioned under subsection (2) arrests
a
person without warrant for a minor offense committed in the
officer's presence, instead of immediately bringing the person for
arraignment by the court having jurisdiction, the officer may issue
to and serve upon the person an appearance ticket as authorized by
sections 9c to 9g of chapter IV of the code of criminal procedure,
1927 PA 175, MCL 764.9c to 764.9g. However, if a commissioned park
and
recreation officer commissioned under subsection (2) arrests
a person without a warrant for a minor offense committed on
property regulated under part 781 in the officer's presence, the
park and recreation officer shall issue and serve upon the person
such an appearance ticket.
(7) An appearance pursuant to an appearance ticket may be made
in person, by representation, or by mail. If appearance is made by
representation or mail, a district judge or a municipal judge may
accept a plea of guilty and payment of a fine and costs on or
before the definite court date indicated on the appearance ticket,
or may accept a plea of not guilty for purposes of arraignment,
both with the same effect as though the person personally appeared
before the court. If appearance is made by representation or mail,
a district court magistrate may accept a plea of guilty upon an
appearance ticket and payment of a fine and costs on or before the
definite court date indicated on the appearance ticket for those
offenses within the magistrate's jurisdiction, as prescribed by
section 8511 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.8511, or may accept a plea of not guilty for purposes of
arraignment, if authorized to do so by the judge of the district
court district, with the same effect as though the person
personally appeared before the court. The court, by giving not less
than 5 days' notice of the date of appearance, may require
appearance in person at the place designated in the appearance
ticket.
(8) This section does not prevent the execution of a warrant
for the arrest of the person as in other cases of misdemeanors if
necessary.
(9) If a person fails to appear, the court, in addition to the
fine assessed if the person is found guilty for the offense
committed, may add to the fine and costs levied against the person
additional costs incurred in compelling the appearance of the
person, which additional costs shall be returned to the general
fund of the unit of government incurring the costs.
(10) As used in this section, "minor offense" means that term
as defined in section 1 of chapter I of the code of criminal
procedure, 1927 PA 175, MCL 761.1.
Sec.
83107. To ensure compliance with The director may
commission state forest officers to enforce, on property
administered by the department, orders of the director, this part,
rules
promulgated under this part and this act, including the
state
land use rules provided in R 299.331 to R 299.335 of the
Michigan
administrative code, and any orders of the director, the
director
may commission state forest officers to enforce upon
properties
administered by the department these rules and any
laws
of this state specified in those rules as enforceable by
commissioned state forest officers, and quarantine orders,
regulations, or rules issued or promulgated under the insect pest
and plant disease act, 1931 PA 189, MCL 286.201 to 286.228, or 1945
PA 72, MCL 286.251 to 286.260. In performing those enforcement
activities, commissioned state forest officers are vested with the
powers, privileges, prerogatives, and immunities conferred upon
peace officers under the laws of this state.