HOUSE BILL NO. 6112
November 14, 2024, Introduced by Reps. McKinney and Aiyash and referred to the Committee
on Criminal Justice.
A bill to amend 1965 PA 203, entitled
"Michigan commission on law enforcement standards act,"
by amending sections 9, 9a, 9b, 9c, 9d, and 11 (MCL 28.609,
28.609a, 28.609b, 28.609c, 28.609d, and 28.611), sections 9, 9b,
9c, and 9d as amended by 2018 PA 552, section 9a as amended by 2016
PA 289, and section 11 as amended by 2017 PA 198.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 9. (1) This section applies to all law enforcement
2 officers except individuals to whom sections 9a, 9b, 9c, and 9d
3 apply. Employment of law enforcement officers to whom this section
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1 applies is subject to the licensing requirements and procedures of
2 this section and section 9e. An individual who seeks admission to a
3 preservice college basic law enforcement training academy or a
4 regional basic law enforcement training academy or the recognition
5 of prior basic law enforcement training and experience program for
6 purposes of licensure under this section shall submit to
7 fingerprinting as provided in section 11(3).
8 (2) The commission shall promulgate rules governing licensing
9 standards and procedures for individuals licensed under this
10 section. In promulgating the rules, the commission shall give
11 consideration to the varying factors and special requirements of
12 law enforcement agencies. Rules promulgated under this subsection
13 must pertain to the following:
14 (a) Subject to section 9e, training requirements that may be
15 met by completing either of the following:
16 (i) Preenrollment requirements, courses of study, attendance
17 requirements, and instructional hours at an agency basic law
18 enforcement training academy, a preservice college basic law
19 enforcement training academy, or a regional basic law enforcement
20 training academy.
21 (ii) The recognition of prior basic law enforcement training
22 and experience program for granting a waiver from the licensing
23 standard specified in subparagraph (i).
24 (b) Proficiency on a licensing examination administered after
25 compliance with the licensing standard specified in subdivision
26 (a).
27 (c) Physical ability.
28 (d) Psychological fitness.
29 (e) Education.
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1 (f) Reading and writing proficiency.
2 (g) Minimum age.
3 (h) Whether or not a valid operator's or chauffeur's license
4 is required for licensure.
5 (i) Character fitness, as determined by a comprehensive
6 background investigation supported by a written authorization and
7 release waiver executed by the individual for whom licensure is
8 sought. The waiver and comprehensive background investigation
9 required under this subdivision must contain information required
10 by the commission. The waiver must be in a form prescribed by the
11 commission.
12 (j) Whether or not United States citizenship is required for
13 licensure.
14 (k) Employment as a law enforcement officer.
15 (l) The form and manner for execution of a written oath of
16 office by a law enforcement agency with whom the individual is
17 employed, and the content of the written oath conferring authority
18 to act with all of the law enforcement authority described in the
19 laws of this state under which the individual is employed.
20 (m) The ability to be licensed and employed as a law
21 enforcement officer under this section, without a restriction
22 otherwise imposed by law.
23 (3) The licensure process under this section must follow the
24 following procedures:
25 (a) Before executing the oath of office, an employing law
26 enforcement agency verifies shall do both of the following:
27 (i) Verify that the individual to whom the oath is to be
28 administered complies with licensing standards. If the individual
29 is currently a licensed law enforcement officer who was previously
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1 employed by another law enforcement agency, the employing law
2 enforcement agency's verification and attestation to compliance
3 with licensing standards may exclude the licensing standards
4 described in subsection (2)(a), (b), and (e) to (g).
5 (ii) If applicable, verify in writing that it has reviewed the
6 law enforcement officer's separation of service record from a
7 former law enforcement agency as required under the law enforcement
8 officer separation of service record act, 2017 PA 128, MCL 28.561
9 to 28.565.
10 (b) A law enforcement agency employing an individual licensed
11 whom the law enforcement agency seeks to license under this section
12 authorizes the individual to exercise the law enforcement authority
13 described in the laws of this state under which the individual is
14 employed, by executing shall require the individual to execute a
15 written oath of office.
16 (c) Not more than 10 calendar days after executing the oath of
17 office, the An employing law enforcement agency shall attest in
18 writing to the commission that the individual to whom the oath was
19 administered satisfies the licensing standards by submitting an
20 executed affidavit, and a copy of the executed oath of office, and
21 any other documents required by the commission.
22 (4) If, upon reviewing the executed affidavit and executed
23 oath of office, the commission determines that the individual
24 complies with the licensing standards, Upon receipt of the
25 documents required under this section from an employing law
26 enforcement agency, the commission shall review the documents to
27 determine whether the individual complies with the licensing
28 standards. The commission may require the employing law enforcement
29 agency to provide physical or electronic copies of the
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1 comprehensive background investigation obtained under this section
2 or any other documents the commission considers necessary. After
3 reviewing all the documents required under this section, the
4 commission shall grant the individual a license if the commission
5 determines that the individual complies with the licensing
6 standards.
7 (5) If , upon reviewing the executed affidavit and executed
8 oath of office, the commission determines that the individual does
9 not comply with the licensing standards, the commission may do any
10 of the following:
11 (a) Supervise the remediation of errors or omissions in the
12 affidavit and oath of office.
13 (b) Supervise the remediation of errors or omissions in the
14 comprehensive background investigation, screening, procedures,
15 examinations, testing, and other means used to verify compliance
16 with the licensing standards.
17 (c) Supervise Grant the individual a license if the commission
18 determines that the individual can be brought into compliance with
19 the licensing standards with additional screening, procedures,
20 examinations, testing, and or other means used to determine
21 compliance with the licensing standards.of verifying compliance
22 with the licensing standards, provided that the individual agrees
23 to do both of the following:
24 (i) Comply with any additional screening, procedures,
25 examination, testing, or other means of verifying compliance with
26 the licensing standards, as determined by the commission as a
27 condition for granting the individual a license.
28 (ii) Voluntarily relinquish the license if the individual fails
29 to comply with the requirements of subparagraph (i).
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1 (d) Deny the issuance of a license and inform the employing
2 law enforcement agency.
3 (6) Upon being informed that An individual is not licensed
4 under this section until the commission grants the individual a
5 license in accordance with this act. If the commission has denied
6 denies the issuance of a license, the employing law enforcement
7 agency shall promptly inform the individual whose licensure was
8 denied.
9 (7) An individual denied a license under this section shall
10 not exercise the law enforcement authority described in the laws of
11 this state under which the individual is employed. This subsection
12 does not divest the individual of that authority until the
13 individual has been informed that his or her licensure was denied.
14 (7) (8) A law enforcement agency that has administered an oath
15 of office to an individual under this section shall do all of the
16 following, with respect to that individual:
17 (a) Report to the commission all personnel transactions
18 affecting employment status in a manner prescribed in rules
19 promulgated by the commission.
20 (b) Report to the commission concerning any action taken by
21 the employing agency that removes the authority conferred by the
22 oath of office, or that restores the individual's authority to that
23 conferred by the oath of office, in a manner prescribed in rules
24 promulgated by the commission.
25 (c) Report to the commission any determination by a medical
26 doctor that the individual is unable to carry out an essential
27 function of a police officer, including making an arrest.
28 (d) Report all of the following to the commission immediately
29 upon being informed by that individual of the imposition of the
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1 charges, order, restriction, or filing of the order in a court of
2 competent jurisdiction, whichever is applicable, in a manner
3 prescribed in rules promulgated by the commission:
4 (i) All criminal charges for offenses for which that
5 individual's license may be revoked.
6 (ii) The imposition of a personal protection order against the
7 individual under section 2950 or 2950a of the revised judicature
8 act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or under the
9 laws of any other jurisdiction.
10 (iii) The imposition of an extreme risk protection order under
11 section 7 of the extreme risk protection order act, 2023 PA 38, MCL
12 691.1807, or the laws of any other states.
13 (iv) A conviction that is subject to the restrictions described
14 under section 224f of the Michigan penal code, 1931 PA 328, MCL
15 750.224f. For purposes of this subparagraph, the law enforcement
16 agency shall specify the conviction, whether the individual is
17 ineligible to possess, use, transport, sell, purchase, carry, ship,
18 receive, or distribute a firearm in this state, and the expiration
19 period for the restriction as described under section 224f of the
20 Michigan penal code, 1931 PA 328, MCL 750.224f.
21 (e) (c) Maintain an employment history record.
22 (f) (d) Collect, verify, and maintain documentation
23 establishing that the individual complies with the licensing
24 standards.
25 (8) (9) An individual licensed under this section shall report
26 all of the following to the commission immediately upon being
27 informed of the imposition of the charges, order, restriction, or
28 filing of the order in a court of competent jurisdiction, whichever
29 is applicable, in a manner prescribed in rules promulgated by the
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1 commission:
2 (a) Criminal charges for offenses for which that individual's
3 license may be revoked as described in this section. , upon being
4 informed of such charges, in a manner prescribed in rules
5 promulgated by the commission.
6 (b) The imposition of a personal protection order against that
7 individual after a judicial hearing under section 2950 or 2950a of
8 the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
9 600.2950a, or under the laws of any other jurisdiction. , upon
10 being informed of the imposition of such an order, in a manner
11 prescribed in rules promulgated by the commission.
12 (c) The imposition of a personal protection order against the
13 individual under section 2950 or 2950a of the revised judicature
14 act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or the laws
15 of any other states.
16 (d) The imposition of an extreme risk protection order under
17 section 7 of the extreme risk protection order act, 2023 PA 38, MCL
18 691.1807, or the laws of any other states.
19 (e) A conviction that is subject to the restrictions described
20 under section 224f of the Michigan penal code, 1931 PA 328, MCL
21 750.224f. For purposes of this subdivision, the individual shall
22 specify the conviction, whether the individual is ineligible to
23 possess, use, transport, sell, purchase, carry, ship, receive, or
24 distribute a firearm in this state, and the expiration period for
25 the restriction as described under section 224f of the Michigan
26 penal code, 1931 PA 328, MCL 750.224f.
27 (9) (10) A license issued under this section is rendered
28 inactive, and may be reactivated, as follows:
29 (a) A license is rendered inactive if 1 or more of the
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1 following occur:
2 (i) An individual, having been employed as a law enforcement
3 officer for fewer than 2,080 hours in aggregate, is thereafter
4 continuously not employed as a law enforcement officer for less
5 than 1 year.
6 (ii) An individual, having been employed as a law enforcement
7 officer for fewer than 2,080 hours in aggregate, is thereafter
8 continuously subjected to a removal of the authority conferred by
9 the oath of office for less than 1 year.
10 (iii) An individual, having been employed as a law enforcement
11 officer for 2,080 hours or longer in aggregate, is thereafter
12 continuously not employed as a law enforcement officer for less
13 than 2 years.
14 (iv) An individual, having been employed as a law enforcement
15 officer for 2,080 hours or longer in aggregate, is continuously
16 subjected to a removal of the authority conferred by the oath of
17 office for less than 2 years.
18 (v) An individual, having failed to comply with the continuing
19 professional education requirements prescribed in rules by the
20 commission, is notified in writing through the individual's
21 employing law enforcement agency by the commission that the
22 individual's license has been rendered inactive.
23 (b) An employing law enforcement agency may reactivate a
24 license rendered inactive by complying with the licensure
25 procedures described in subsection subsections (3) and (4),
26 excluding verification of and attestation to compliance with the
27 licensing standards described in subsection (2)(a) to (g).(2)(a),
28 (b), and (e) to (g).
29 (c) A license that has been reactivated under this section is
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1 valid for all purposes described in this act.
2 (10) (11) A license issued under this section is rendered
3 lapsed, without barring further licensure under this act, if 1 or
4 more of the following occur:
5 (a) An individual, having been employed as a law enforcement
6 officer for fewer than 2,080 hours in aggregate, is thereafter
7 continuously not employed as a law enforcement officer for 1 year.
8 (b) An individual, having been employed as a law enforcement
9 officer for fewer than 2,080 hours in aggregate, is thereafter
10 continuously subjected to a removal of the authority conferred by
11 the oath of office for 1 year.
12 (c) An individual, having been employed as a law enforcement
13 officer for 2,080 hours or longer in aggregate, is thereafter
14 continuously not employed as a law enforcement officer for 2 years.
15 (d) An individual, having been employed as a law enforcement
16 officer for 2,080 hours or longer in aggregate, is continuously
17 subjected to a removal of the authority conferred by the oath of
18 office for 2 years.
19 (e) An individual, having failed to comply with the continuing
20 professional education requirements prescribed in rules by the
21 commission for 1 year, is notified in writing through the
22 individual's employing law enforcement agency by the commission
23 that the individual's license has lapsed.
24 (11) (12) The commission shall revoke a license granted under
25 this section for any of the following circumstances and shall
26 promulgate rules governing revocations under this subsection:
27 (a) The individual obtained the license by making a materially
28 false oral or written statement or committing fraud in an
29 affidavit, disclosure, or application to a law enforcement training
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1 academ