APPOINTMENT OF DEPUTY SHERIFF - H.B. 4848: COMMITTEE SUMMARY
House Bill 4848 (as passed by the House)
Sponsor: Representative Tony Stamas
House Committee: Criminal Justice
Senate Committee: Judiciary
CONTENT
The bill would repeal Section 486 of the Michigan Penal Code, which prohibits a sheriff from doing either of the following:
-- Knowingly appointing as undersheriff or deputy sheriff a person who has not been a bona fide resident of Michigan for one year before the appointment.
-- Appointing an undersheriff or deputy sheriff for the purpose of assisting or performing duties in the area of labor disputes if the person has not been a resident of the county in which the appointment is made for at least three months (unless the person appointed is a bona fide public law enforcement officer).
A violation is a misdemeanor with no specified penalty. (Under the Penal Code, when no other penalty is prescribed by statute, a misdemeanor is punishable by up to 90 days' imprisonment and/or a maximum fine of $100.)
MCL 750.486 - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have an indeterminate impact on local governments. There are no statewide data to indicate how many, if any, sheriffs are convicted of a misdemeanor for appointing an undersheriff or deputy sheriff who does not fulfill the residency requirements. Misdemeanor offenders receive probation or incarceration in a local facility. Local units incur the cost of probation, as well as incarceration, which may vary by county from $27 to $65 per day.
The bill would have no fiscal impact on State or local law enforcement agencies.
- Fiscal Analyst: Bethany Wicksall
- Bruce BakerS0102\s4848sa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.