February 27, 2007, Introduced by Reps. Nitz, Nofs, Stahl, Ball, Proos, Meekhof, Casperson, Caswell, Dean, Stakoe, Gaffney, Rick Jones, Hansen, Marleau and Agema and referred to the Committee on Judiciary.
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 transfer
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 department; to
prescribe their powers, duties, and immunities; to provide 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 6d (MCL 28.6d), as added by 1982 PA 531.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6d. (1) The director may appoint officers with limited
arrest
powers for motor carrier
enforcement. Such Those officers
shall be officers of the motor carrier enforcement division of the
department and shall have all powers conferred upon peace officers.
for
the purpose of enforcing the general laws of this state as they
pertain
to commercial vehicles. The director may authorize officers
of
the motor carrier enforcement division to carry a firearm.
(2)
In addition to the limited arrest authority granted in
subsection
(1), an officer of the motor carrier enforcement
division,
while on duty, may arrest a person without a warrant, if
1
or more of the following circumstances exist:
(a)
The person commits an assault or an assault and battery
punishable
under section 81 or 81a of the Michigan penal code, Act
No.
328 of the Public Acts of 1931, being sections 750.81 and
750.81a
of the Michigan Compiled Laws, against the officer or
against
another person in the presence of the officer.
(b)
The officer has reasonable cause to believe that a felony
has
been committed and reasonable cause to believe that the person
committed
it.
(c)
The officer has received positive information by written,
telegraphic,
teletypic, telephonic, radio, or other authoritative
source,
that a peace officer holds a warrant for the person's
arrest.
(d)
The person commits a civil infraction or misdemeanor in
violation
of 1 or more of the following sections of the Michigan
vehicle
code, Act No. 300 of the Public Acts of 1949:
(i) Section 625 or 625b, being sections 257.625 and
257.625b of
the
Michigan Compiled Laws.
(ii) Sections 716 to 726, being sections 257.716 to
257.726 of
the
Michigan Compiled Laws.
(e)
The person commits a misdemeanor or felony in violation of
chapter
LVI of the Michigan penal code, Act No. 328 of the Public
Acts
of 1931, being sections 750.377 to 750.394 of the Michigan
Compiled
Laws.
(2) Subject to subsection (3), a motor carrier enforcement
officer appointed under this section shall be trained by the
department to be certified and authorized to be employed as a law
enforcement officer pursuant to the commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.616.
(3) Each motor carrier enforcement officer who is not
certified on the effective date of the amendatory act that amended
this section shall be provided with sufficient additional training
to be certified and authorized to be employed as a law enforcement
officer pursuant to the commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.616, within 1 year after that
date.
(4) (3)
An officer appointed by authority
of this section
shall
is not be entitled by reason of employment to
become a member
of
the state police pension, accident, and disability plan
established
by Act No. 251 of the Public Acts of 1935, being
sections
28.101 to 28.110 of the Michigan Compiled Laws, or other
similar
department program retirement
system created in the state
police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1648.