SENATE BILL No. 42

 

 

January 25, 2005, Introduced by Senator THOMAS and referred to the Committee on Judiciary.

 

 

 

 

 

 

     A bill to amend 1965 PA 203, entitled

 

"Commission on law enforcement standards act,"

 

by amending section 9 (MCL 28.609), as amended by 1998 PA 237.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. (1) The commission shall promulgate rules to establish

 

law enforcement officer minimum standards and guidelines. In

 

promulgating the law enforcement officer minimum standards and

 

guidelines, the commission shall give consideration to the varying

 

factors and special requirements of local police agencies. The law

 

enforcement officer minimum standards and guidelines shall include

 

all of the following:

 

     (a) Minimum standards of physical, educational, mental, and

 


moral fitness that govern the recruitment, selection, appointment,

 

and certification of law enforcement officers.

 

     (b) Minimum courses of study, attendance requirements, and

 

instructional hours required at approved police training schools.

 

     (c)  The rules promulgated under this section shall not apply

 

to a member of a sheriff's posse or a police auxiliary temporarily

 

performing his or her duty under the direction of the sheriff or

 

police department.

 

     (c) Minimum in-service training to maintain certification that

 

includes courses of instruction on all of the following:

 

     (i) Racial profiling.

 

     (ii) Understanding of and respect for racial and cultural

 

differences.

 

     (iii) Noncombative methods of carrying out law enforcement

 

duties in a racially and culturally diverse environment.

 

     (d) Minimum basic training requirements that a person ,

 

excluding sheriffs, shall who is not a sheriff must complete before

 

being  he or she is eligible for certification under section 9a(1).

 

     (e) Guidelines, which the commission shall make available to

 

all law enforcement agencies, that do all of the following:

 

     (i) Identify the patterns, practices, and protocols that make

 

up racial profiling.

 

     (ii) Include recommendations on the need for updating in-

 

service training programs for law enforcement personnel on racial

 

profiling.

 

     (f) Establish mandatory timetables for retraining law

 

enforcement personnel on matters concerning racial and cultural

 


trends.

 

     (2) If a person's certification under section 9a(1) becomes

 

void under section 9a(4)(b), the commission shall waive the

 

requirements described in subsection (1)(b) for certification of

 

the person under section 9a(1) if 1 or more of the following apply:

 

     (a) The person has been employed 1 year or less as a

 

commission certified law enforcement officer and is again employed

 

as a law enforcement officer within 1 year after discontinuing

 

employment as a commission certified law enforcement officer.

 

     (b) The person has been employed more than 1 year but less

 

than 5 years as a commission certified law enforcement officer and

 

is again employed as a law enforcement officer within 18 months

 

after discontinuing employment as a commission certified law

 

enforcement officer.

 

     (c) The person has been employed 5 years or more as a

 

commission certified law enforcement officer and is again employed

 

as a law enforcement officer within 2 years after discontinuing

 

employment as a commission certified law enforcement officer.

 

     (d) The person has successfully completed the mandatory

 

training and has been continuously employed as a law enforcement

 

officer, but through no fault of that person the employing agency

 

failed to obtain certification for that person as required by this

 

act.

 

     (3) The commission shall promulgate rules with respect to all

 

of the following:

 

     (a) The categories or classifications of advanced in-service

 

training programs for commission certified law enforcement officers

 


and minimum courses of study and attendance requirements for the

 

categories or classifications.

 

     (b) The establishment of subordinate regional training centers

 

in strategic geographic locations in order to serve the greatest

 

number of police agencies that are unable to support their own

 

training programs.

 

     (c) The commission's acceptance of certified basic police

 

training and law enforcement experience received by a person in

 

another state in fulfillment in whole or in part of the law

 

enforcement officer minimum standards.

 

     (d) The commission's approval of police training schools

 

administered by a city, county, township, village, corporation,

 

college, community college, or university.

 

     (e) The minimum qualifications for instructors at approved

 

police training schools.

 

     (f) The minimum facilities and equipment required at approved

 

police training schools.

 

     (g) The establishment of preservice basic training programs at

 

colleges and universities.

 

     (h) Acceptance of basic police training and law enforcement

 

experience received by a person in fulfillment in whole or in part

 

of the law enforcement officer minimum standards prepared and

 

published by the commission if both of the following apply:

 

     (i) The person successfully completed the basic police training

 

in another state or through a federally operated police training

 

school that was sufficient to fulfill the minimum standards

 

required by federal law to be appointed as a law enforcement

 


officer of a Michigan Indian tribal police force.

 

     (ii) The person is or was a law enforcement officer of a

 

Michigan Indian tribal police force for a period of 1 year or more.

 

     (4) Except as otherwise provided in this section, a regularly

 

employed person employed on or after January 1, 1977 as a member of

 

a police force having a full-time officer is not empowered to

 

exercise all the authority of a peace officer in this state, or be

 

employed in a position for which the authority of a peace officer

 

is conferred by statute, unless the person has received

 

certification under section 9a(1).

 

     (5) A law enforcement officer employed before January 1, 1977

 

may continue his or her employment as a law enforcement officer and

 

participate in training programs on a voluntary or assigned basis,

 

but failure to obtain certification under section 9a(1) or (2) is

 

not grounds for dismissal of or termination of that employment as a

 

law enforcement officer. A person who was employed as a law

 

enforcement officer before January 1, 1977 who fails to obtain

 

certification under section 9a(1) and who voluntarily or

 

involuntarily discontinues his or her employment as a law

 

enforcement officer may be employed as a law enforcement officer if

 

he or she was employed 5 years or more as a law enforcement officer

 

and is again employed as a law enforcement officer within 2 years

 

after discontinuing employment as a law enforcement officer.

 

     (6) A law enforcement officer of a Michigan Indian tribal

 

police force is not empowered to exercise the authority of a peace

 

officer under the laws of this state and shall not be employed in a

 

position for which peace officer authority is granted under the

 


laws of this state unless all of the following requirements are

 

met:

 

     (a) The tribal law enforcement officer is certified under this

 

act.

 

     (b) The tribal law enforcement officer is 1 of the following:

 

     (i) Deputized by the sheriff of the county in which the trust

 

lands of the Michigan Indian tribe employing the tribal law

 

enforcement officer are located, or by the sheriff of any county

 

that borders the trust lands of that Michigan Indian tribe,

 

pursuant to section 70 of 1846 RS 14, MCL 51.70.

 

     (ii) Appointed as a police officer of the state or a city,

 

township, charter township, or village that is authorized by law to

 

appoint individuals as police officers.

 

     (c) The deputation or appointment of the tribal law

 

enforcement officer described in subdivision (b) is made pursuant

 

to a written contract that includes terms the appointing authority

 

under subdivision (b) may require between the state or local law

 

enforcement agency and the tribal government of the Michigan Indian

 

tribe employing the tribal law enforcement officer.

 

     (d) The written contract described in subdivision (c) is

 

incorporated into a self-determination contract, grant agreement,

 

or cooperative agreement between the United States secretary of the

 

interior and the tribal government of the Michigan Indian tribe

 

employing the tribal law enforcement officer pursuant to the Indian

 

self-determination and education assistance act, Public Law 93-638,

 

88 Stat. 2203.

 

     (7) The commission may establish an evaluation or testing

 


process, or both, for granting a waiver from the law enforcement

 

officer minimum standards regarding training requirements to a

 

person who has held a certificate under this act and who

 

discontinues employment as a law enforcement officer for a period

 

of time exceeding the time prescribed in subsection (2)(a) to (c)

 

or subsection (5), as applicable.

 

     (8) Rules promulgated under this section do not apply to a

 

member of a sheriff's posse or a police auxiliary temporarily

 

performing his or her duties under the direction of the sheriff or

 

police department.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless all of the following bills of the 93rd Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 41.                                   

 

         

 

     (b) Senate Bill No. 40.