HOUSE BILL NO. 6362
A bill to amend 1965 PA 203, entitled
"Michigan commission on law enforcement standards act,"
by amending section 2 (MCL 28.602), as amended by 2021 PA 42.
the people of the state of michigan enact:
(a) "Adjudication of guilt" means any of the following:
(i) Entry of a judgment or verdict of guilty, or guilty but mentally ill, following a trial.
(ii) Entry of a plea of guilty or nolo contendere.
(iii) Entry of any of the adjudications specified in subparagraph (i) or (ii), in conjunction with an order entered under section 1 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.1, or any other order delaying sentence.
(iv) Entry of any of the adjudications specified in subparagraph (i) or (ii), in conjunction with an assignment to the status of youthful trainee under the Holmes youthful trainee act, as provided in section 11 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11.
(v) Entry of any of the adjudications specified in subparagraph (i) or (ii), in conjunction with probation under section 7411 of the public health code, 1978 PA 368, MCL 333.7411.
(vi) Entry of any of the adjudications specified in subparagraph (i) or (ii), in conjunction with probation under section 4a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(b) "Commission" means the Michigan commission on law enforcement standards created in this act or, by express delegation of the Michigan commission on law enforcement standards, its executive director and staff.
(c) "Contested case" means that term as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.203.
(d) "Executive director" means the executive director of the commission appointed under this act.
(e) "Law enforcement agency" means an entity that is established and maintained in accordance with the laws of this state and is authorized by the laws of this state to appoint or employ law enforcement officers. Law enforcement agency includes a public body corporate that satisfies both of the following conditions:
(i) Is established and maintained as a separate legal entity pursuant to an interlocal agreement under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, between a city that is authorized by the laws of this state to appoint or employ law enforcement officers and an authority under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426.
(ii) Is authorized by the laws of this state to appoint or employ law enforcement officers.
(f) "Law enforcement officer" means:
(i) Except as provided in subparagraph (ii), an individual employed by a law enforcement agency as 1 or more of the following:
(A) An individual authorized by law, including common law, to prevent and detect crime and enforce the general criminal laws of this state. This subdivision does not include an individual employed solely because he or she occupies any other office or position.
(B) An individual employed as a Michigan tribal law enforcement officer by a federally recognized Indian tribe that has trust lands located within this state, subject to a written instrument authorizing the individual to enforce the laws of this state.
(C) The sergeant at arms or any assistant sergeant at arms of either house of the legislature who is commissioned as a police officer by that respective house of the legislature as provided by the legislative sergeant at arms police powers act, 2001 PA 185, MCL 4.381 to 4.382.
(D) A law enforcement officer of a law enforcement agency created by a public body under section 3 of the public body law enforcement agency act, 2004 PA 378, MCL 28.583.
(E) A county prosecuting attorney's investigator sworn and fully empowered by the sheriff of that county as provided under article VII of the state constitution of 1963 and section 70 of 1846 RS 14, MCL 51.70.
(F) A fire arson investigator from a fire department within a village, city, township, or county who is sworn and fully empowered by the chief of police of that village, city, township, or county.
(G) Officers and investigators appointed by state departments represented on the Michigan highway reciprocity board as provided under section 15 of 1960 PA 124, MCL 3.175.
(H) A superintendent, watchperson, or guard appointed or chosen as provided under sections 1 and 3 of 1905 PA 80, MCL 19.141 and 19.143.
(I) A commissioner or officer of the department of state police as described under section 6 of 1935 PA 59, MCL 28.6.
(J) A conservation officer appointed by the department of state police as provided under section 6a of 1935 PA 59, MCL 28.6a.
(K) A general law township constable elected or appointed to perform both statutory criminal and civil duties as provided under section 82 of 1846 RS 16, MCL 41.82.
(L) An officer appointed to a general law township police department as provided under section 6 of 1951 PA 33, MCL 41.806.
(M) A marshal, policeman, watchman, or officer appointed to a charter township police force as provided under section 12 of the charter township act, 1947 PA