Bill Summary – FastDemocracy

HOUSE BILL NO. 5282
     October 26, 2023, Introduced by Reps. Wilson, Rheingans, Dievendorf, Morgan, Tsernoglou and
       Wegela and referred to the Committee on Judiciary.
          A bill to amend 1965 PA 203, entitled
    "Michigan commission on law enforcement standards act,"
    by amending sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b,
609c, and 28.609d), as amended by 2018 PA 552.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 9. (1) This section applies to all law enforcement
 officers except individuals to whom sections 9a, 9b, 9c, and 9d
 apply. Employment of law enforcement officers to whom this section
 applies is subject to the licensing requirements and procedures of
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 this section and section 9e. An individual who seeks admission to a
 preservice college basic law enforcement training academy or a
 regional basic law enforcement training academy or the recognition
 of prior basic law enforcement training and experience program for
 purposes of licensure under this section shall submit to
 fingerprinting as provided in section 11(3).
        (2) The commission shall promulgate rules governing licensing
 standards and procedures for individuals licensed under this
 section. In promulgating the rules, the commission shall give
 consideration to the varying factors and special requirements of
 law enforcement agencies. Rules promulgated under this subsection
 must pertain to the following:
        (a) Subject to section 9e, training requirements that may be
 met by completing either of the following:
        (i) Preenrollment requirements, courses of study, attendance
 requirements, and instructional hours at an agency basic law
 enforcement training academy, a preservice college basic law
 enforcement training academy, or a regional basic law enforcement
 training academy.
        (ii) The recognition of prior basic law enforcement training
 and experience program for granting a waiver from the licensing
 standard specified in subparagraph (i).
        (b) Proficiency on a licensing examination administered after
 compliance with the licensing standard specified in subdivision
 (a).
        (c) Physical ability.
        (d) Psychological fitness.
        (e) Education.
        (f) Reading and writing proficiency.
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       (g) Minimum age.
       (h) Whether or not a valid operator's or chauffeur's license
 is required for licensure.
       (i) Both of the following:
       (i) Character fitness, as determined by a background
 investigation supported by a written authorization and release
 executed by the individual for whom licensure is sought.
       (ii) Membership in a hate group or participation in a hate
 group activity or public expression of hate, as determined by a
 background investigation conducted under the law enforcement
 accountability reform act.
       (j) Whether or not United States citizenship is required for
 licensure.
       (k) Employment as a law enforcement officer.
       (l) The form and manner for execution of a written oath of
 office by a law enforcement agency with whom the individual is
 employed, and the content of the written oath conferring authority
 to act with all of the law enforcement authority described in the
 laws of this state under which the individual is employed.
       (m) The ability to be licensed and employed as a law
 enforcement officer under this section, without a restriction
 otherwise imposed by law.
       (3) The licensure process under this section must follow the
 following procedures:
       (a) Before executing the oath of office, an employing law
 enforcement agency verifies that the individual to whom the oath is
 to be administered complies with licensing standards.
       (b) A law enforcement agency employing an individual licensed
 under this section authorizes the individual to exercise the law
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 enforcement authority described in the laws of this state under
 which the individual is employed, by executing a written oath of
 office.
       (c) Not more than 10 calendar days after executing the oath of
 office, the employing law enforcement agency shall attest in
 writing to the commission that the individual to whom the oath was
 administered satisfies the licensing standards by submitting an
 executed affidavit and a copy of the executed oath of office.
       (4) If, upon reviewing the executed affidavit and executed
 oath of office, the commission determines that the individual
 complies with the licensing standards, the commission shall grant
 the individual a license.
       (5) If, upon reviewing the executed affidavit and executed
 oath of office, the commission determines that the individual does
 not comply with the licensing standards, the commission may do any
 of the following:
       (a) Supervise the remediation of errors or omissions in the
 affidavit and oath of office.
       (b) Supervise the remediation of errors or omissions in the
 screening, procedures, examinations, testing, and other means used
 to verify compliance with the licensing standards.
       (c) Supervise additional screening, procedures, examinations,
 testing, and other means used to determine compliance with the
 licensing standards.
       (d) Deny the issuance of a license and inform the employing
 law enforcement agency.
       (6) Upon being informed that the commission has denied
 issuance of a license, the employing law enforcement agency shall
 promptly inform the individual whose licensure was denied.
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       (7) An individual denied a license under this section shall
 not exercise the law enforcement authority described in the laws of
 this state under which the individual is employed. This subsection
 does not divest the individual of that authority until the
 individual has been informed that his or her the individual's
 licensure was denied.
       (8) A law enforcement agency that has administered an oath of
 office to an individual under this section shall do all of the
 following, with respect to that individual:
       (a) Report to the commission all personnel transactions
 affecting employment status in a manner prescribed in rules
 promulgated by the commission.
       (b) Report to the commission concerning any action taken by
 the employing agency that removes the authority conferred by the
 oath of office, or that restores the individual's authority to that
 conferred by the oath of office, in a manner prescribed in rules
 promulgated by the commission.
       (c) Maintain an employment history record.
       (d) Collect, verify, and maintain documentation establishing
 that the individual complies with the licensing standards.
       (9) An individual licensed under this section shall report all
 of the following to the commission:
       (a) Criminal charges for offenses for which that individual's
 license may be revoked as described in this section, upon being
 informed of such charges, in a manner prescribed in rules
 promulgated by the commission.
       (b) The imposition of a personal protection order against that
 individual after a judicial hearing under section 2950 or 2950a of
 the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
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 600.2950a, or under the laws of any other jurisdiction, upon being
 informed of the imposition of such an order, in a manner prescribed
 in rules promulgated by the commission.
       (10) A license issued under this section is rendered inactive,
 and may be reactivated, as follows:
       (a) A license is rendered inactive if 1 or more of the
 following occur:
       (i) An individual, having been employed as a law enforcement
 officer for fewer than 2,080 hours in aggregate, is thereafter
 continuously not employed as a law enforcement officer for less
 than 1 year.
       (ii) An individual, having been employed as a law enforcement
 officer for fewer than 2,080 hours in aggregate, is thereafter
 continuously subjected to a removal of the authority conferred by
 the oath of office for less than 1 year.
       (iii) An individual, having been employed as a law enforcement
 officer for 2,080 hours or longer in aggregate, is thereafter
 continuously not employed as a law enforcement officer for less
 than 2 years.
       (iv) An individual, having been employed as a law enforcement
 officer for 2,080 hours or longer in aggregate, is continuously
 subjected to a removal of the authority conferred by the oath of
 office for less than 2 years.
       (b) An employing law enforcement agency may reactivate a
 license rendered inactive by complying with the licensure
 procedures described in subsection (3), excluding verification of
 and attestation to compliance with the licensing standards
 described in subsection (2)(a) to (g).
       (c) A license that has been reactivated under this section is
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 valid for all purposes described in this act.
       (11) A license issued under this section is rendered lapsed,
 without barring further licensure under this act, if 1 or more of
 the following occur:
       (a) An individual, having been employed as a law enforcement
 officer for fewer than 2,080 hours in aggregate, is thereafter
 continuously not employed as a law enforcement officer for 1 year.
       (b) An individual, having been employed as a law enforcement
 officer for fewer than 2,080 hours in aggregate, is thereafter
 continuously subjected to a removal of the authority conferred by
 the oath of office for 1 year.
       (c) An individual, having been employed as a law enforcement
 officer for 2,080 hours or longer in aggregate, is thereafter
 continuously not employed as a law enforcement officer for 2 years.
       (d) An individual, having been employed as a law enforcement
 officer for 2,080 hours or longer in aggregate, is continuously
 subjected to a removal of the authority conferred by the oath of
 office for 2 years.
       (12) The commission shall revoke a license granted under this
 section for any of the following circumstances and shall promulgate
 rules governing revocations under this subsection:
       (a) The individual obtained the license by making a materially
 false oral or written statement or committing fraud in an
 affidavit, disclosure, or application to a law enforcement training
 academy, the commission, or a law enforcement agency at any stage
 of recruitment, selection, appointment, enrollment, training, or
 licensure application.
       (b) The individual obtained the license because another
 individual made a materially false oral or written statement or
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 committed fraud in an affidavit, disclosure, or application to a
 law enforcement training academy, the commission, or a law
 enforcement agency at any stage of recruitment, selection,
 appointment, enrollment, training, or licensure application.
       (c) The individual has been subjected to an adjudication of
 guilt for a violation or attempted violation of a penal law of this
 state or another jurisdiction that is punishable by imprisonment
 for more than 1 year.
       (d) The individual has been subjected to an adjudication of
 guilt for violation or attempted violation of 1 or more of the
 following penal laws of this state or laws of another jurisdiction
 substantially corresponding to the penal laws of this state:
       (i) Section 625(1) or (8) of the Michigan vehicle code, 1949 PA
 300, MCL 257.625, if the individual has a prior conviction, as that
 term is defined in section 625(25)(b) of the Michigan vehicle code,
 1949 PA 300, MCL 257.625, that occurred within 7 years of the
 adjudication as described in section 625(9)(b) of the Michigan
 vehicle code, 1949 PA 300, MCL 257.625.
       (ii) Section 7403(2)(c) or 7404(2)(a), (b), or (c) of the
 public health code, 1978 PA 368, MCL 333.7403 and 333.7404.
       (iii) Section 81(4) or 81a or a misdemeanor violation of section
 411h of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a,
 and 750.411h.
       (e) An allegation under the law enforcement accountability
 reform act was sustained against the individual.
       (13) The following procedures and requirements apply to
 license revocation under this section:
       (a) The commission shall initiate license revocation
 proceedings, including, but not limited to, the issuance of an
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 order of summary suspension and notice of intent to revoke, upon
 obtaining notice of facts warranting license revocation.
       (b) A hearing for license revocation must be conducted as a
 contested case under the administrative procedures act of 1969,
 1969 PA 306, MCL 24.201 to 24.328.
       (c) In lieu of participating in a contested case, an
 individual may voluntarily and permanently relinquish his or her
 the individual's law enforcement officer license by executing
 before a notary public an affidavit of license relinquishment
 prescribed by the commission.
       (d) The commission need not delay or abate license revocation
 proceedings based on an adjudication of guilt if an appeal is taken
 from the adjudication of guilt.
       (e) If the commission issues a final decision or order to
 revoke a license, that decision or order is subject to judicial
 review as provided in the administrative procedures act of 1969,
 1969 PA 306, MCL 24.201 to 24.328. A summary suspension described
 in this section is not a final decision or order for purposes of
 judicial review.
       (14) An individual licensed under this section shall not
 exercise the law enforcement authority described in the laws of
 this state under which the individual is employed if any of the
 following occur:
       (a) The individual's license is rendered void by a court order
 or other operation of law.
       (b) The individual's license is revoked.
       (c) The individual's license is rendered inactive.
       (d) The individual's license is rendered lapsed.
       Sec. 9b. (1) This section applies only to individuals who are
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 employed as Michigan tribal law enforcement officers in this state
 and are subject to a written instrument authorizing them to enforce
 the laws of this state. Conferring authority to enforce the laws of
 this state to law enforcement officers to whom this section applies
 is subject to the licensing requirements and procedures of this
 section and section 9e. An individual who seeks admission to a
 preservice college basic law enforcement training academy or a
 regional basic law enforcement training academy or the recognition
 of prior basic law enforcement training and experience program for
 purposes of licensure under this section shall submit to
 fingerprinting as provided in section 11(3).
        (2) The commission shall promulgate rules governing licensing
 standards and procedures, pertaining to the following:
        (a) Subject to section 9e, training requirements that may be
 met by completing either of the following:
        (i) Preenrollment requirements, courses of study, attendance
 requirements, and instructional hours at an agency basic law
 enforcement training academy, a preservice college basic law
 enforcement training academy, or a regional basic law enforcement
 training academy.
        (ii) The recognition of prior basic law enforcement training
 and experience program for granting a waiver from the licensing
 standard specified in subparagraph (i).
        (b) Proficiency on a licensing examination administered after
 compliance with the licensing standard specified in subdivision
 (a).
        (c) Physical ability.
        (d) Psychological fitness.
        (e) Education.
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       (f) Reading and writing proficiency.
       (g) Minimum age.
       (h) Whether or not a valid operator's or chauffeur's license
 is required for licensure.
       (i) Both of the following:
       (i) Character fitness, as determined by a background
 investigation supported by a written authorization and release
 executed