HOUSE BILL No. 4210


     February 9, 1999, Introduced by Reps. Basham, Prusi, DeHart and Schermesser and referred to the Committee on Criminal Law and Corrections.


        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 trans-
   fer 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 depart-
   ment; to prescribe their powers, duties, and immunities; to pro-
   vide 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:

 1         Sec. 6d.  (1) The director may appoint officers  with

 2     limited arrest powers  for motor carrier enforcement.  Such

 3    officers shall be officers of the motor carrier enforcement

 4    division of the department and shall have all powers conferred


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 1    upon peace officers.  for the purpose of enforcing the general

 2     laws of this state as they pertain to commercial vehicles.  The

 3     director may authorize officers of the motor carrier enforcement

 4     division to carry a firearm.

 5          (2) In addition to the limited arrest authority granted in

 6     subsection (1), an officer of the motor carrier enforcement divi-

 7     sion, while on duty, may arrest a person without a warrant, if 1

 8     or more of the following circumstances exist:

 9          (a) The person commits an assault or an assault and battery

10     punishable under section 81 or 81a of the Michigan penal code,

11     Act No.  328 of the Public Acts of 1931, being sections 750.81

12     and 750.81a of the Michigan Compiled Laws, against the officer or

13     against another person in the presence of the officer.

14          (b) The officer has reasonable cause to believe that a

15     felony has been committed and reasonable cause to believe that

16     the person committed it.

17          (c) The officer has received positive information by writ-

18     ten, telegraphic, teletypic, telephonic, radio, or other authori-

19     tative source, that a peace officer holds a warrant for the

20     person's arrest.

21          (d) The person commits a civil infraction or misdemeanor in

22     violation of 1 or more of the following sections of the Michigan

23     vehicle code, Act No.  300 of the Public Acts of 1949:

24          (i) Section 625 or 625b, being sections 257.625 and 257.625b

25     of the Michigan Compiled Laws.

26          (ii) Sections 716 to 726, being sections 257.716 to 257.726

27     of the Michigan Compiled Laws.



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 1         (e) The person commits a misdemeanor or felony in violation

 2     of chapter LVI of the Michigan penal code, Act No.  328 of the

 3     Public Acts of 1931, being sections 750.377 to 750.394 of the

 4     Michigan Compiled Laws. 

 5         (2) SUBJECT TO SUBSECTION (3), A MOTOR CARRIER ENFORCEMENT

 6    OFFICER APPOINTED UNDER THIS SECTION SHALL BE TRAINED BY THE

 7    DEPARTMENT TO BE CERTIFIED AND AUTHORIZED TO BE EMPLOYED AS A LAW

 8    ENFORCEMENT OFFICER PURSUANT TO THE COMMISSION ON LAW ENFORCEMENT

 9    STANDARDS ACT, 1965 PA 203, MCL 28.601 TO 28.616.

10         (3) EACH MOTOR CARRIER ENFORCEMENT OFFICER WHO IS NOT CERTI-

11    FIED ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT AMENDED

12    THIS SECTION SHALL BE PROVIDED WITH SUFFICIENT ADDITIONAL TRAIN-

13    ING TO BE CERTIFIED AND AUTHORIZED TO BE EMPLOYED AS A LAW

14    ENFORCEMENT OFFICER PURSUANT TO THE COMMISSION ON LAW ENFORCEMENT

15    STANDARDS ACT, 1965 PA 203, MCL 28.601 TO 28.616, WITHIN 1 YEAR

16    AFTER THAT DATE.

17         (4)  (3)  An officer appointed by authority of this section

18     shall  IS not  be entitled by reason of employment to become  a

19    member of the state police  pension, accident, and disability

20     plan established by Act No.  251 of the Public Acts of 1935,

21     being sections 28.101 to 28.110 of the Michigan Compiled Laws, or

22     other similar department program  RETIREMENT ACT OF 1986, 1986 PA

23    182, MCL 38.1601 TO 38.1648.











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