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.