SENATE BILL NO. 160

February 23, 2021, Introduced by Senator MCBROOM and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 1602 (MCL 324.1602), as added by 1995 PA 60, and by adding section 1507.

the people of the state of michigan enact:

Sec. 1507. Notwithstanding any other provision of this act, an employee of the department shall not enter into or upon private property unless 1 of the following applies:

(a) The owner or lessee of the property authorizes the entry.

(b) The employee is a park and recreation officer acting under the authority of section 1606 or a peace officer, and 1 or more of the following apply:

(i) The employee has a warrant issued by a court of competent jurisdiction authorizing the entry.

(ii) The employee reasonably believes that, if the employee delays to seek a warrant, evidence of a crime will be destroyed or concealed or an individual will be endangered.

(iii) The employee is in hot pursuit of a criminal suspect.

Sec. 1602. (1) The department , or an officer appointed by the department , may file do any of the following:

(a) File a complaint and commence proceedings against any a person for a violation of any of the laws or statutes a statute or other law described in section 1601, without the sanction of the prosecuting attorney of the county in which the proceedings are commenced . In such a case, the officer is not obliged to furnish and without furnishing security for costs.

The department, or an officer appointed by the department, may appear

(b) Appear for the people in any a court of competent jurisdiction in any cases a case for violation of any of the statutes or laws a law described in section 1601. , may prosecute

(c) Prosecute the cases case in the same manner and with the same authority as the prosecuting attorney of any the county in which the proceedings are commenced. , and may sign

(d) Sign vouchers for the payment of jurors' or witnesses' fees in those cases the case in the same manner and with the same authority as a prosecuting attorneys attorney in a criminal cases. Whenever case.

(2) Subject to section 1507, if an officer appointed by the department has probable cause to believe that any of the statutes or laws mentioned a particular person has violated or is violating a law described in section 1601, have been or are being violated by any particular person, the officer has the power to search, may, without warrant, any do any of the following:

(a) Search or enter into or upon public or private property to search a boat, conveyance, vehicle, automobile, fish box, fish basket, game bag, game coat, or any other receptacle or place, except dwellings a dwelling or dwelling houses, house or within the curtilage of any <