Legislative Analysis
INCLUDE MCOLES-CERTIFIED OFFICER IN DEFINITION OF Phone: (517) 373-8080
http://www.house.mi.gov/hfa
“PEACE OFFICER” IN MENTAL HEALTH CODE
Analysis available at
Senate Bill 59 as reported from committee http://www.legislature.mi.gov
Sponsor: Sen. John Cherry
House Committee: Health Policy
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 6-26-23
(Enacted as Public Act 56 of 2023)
SUMMARY:
Senate Bill 59 would amend the Mental Health Code to expand the definition of peace officer
to include officers of a law enforcement agency who are licensed under the Michigan
Commission on Law Enforcement Standards (MCOLES) Act.
The term peace officer currently means an officer of the Department of State Police or of a law
enforcement agency of a county, township, city, or village who is responsible for preventing
and detecting crime and enforcing Michigan’s criminal laws.
In sections 408, 426, 427a, and 427b of the code, which pertain to a peace officer’s taking an
individual into protective custody and transporting them to a preadmission screening unit or
hospital, allowable use of force when doing so, and immunity from liability when acting under
the Mental Health Code, peace officer also includes an officer of the U.S. Secret Service with
the officer’s consent and a police officer of the Veterans Administration Medical Center
Reservation.
MCL 330.1100cc
BRIEF DISCUSSION:
The Mental Health Code provisions that authorize a peace officer to take an individual into
protective custody because, among other reasons, the person presents a danger to themselves
or others due to a mental illness generally include only state troopers, county sheriffs and
deputies, and local police officers. The bill would expand the definition of peace officer in the
code to include individuals licensed under the MCOLES Act, which include other officers such
as conservation officers and members of a campus public safety department. These officers
undergo similar training in both de-escalation and the use of force. If an individual is
incapacitated or in distress and in need of being placed in protective custody and transported
to a hospital or mental health screening facility for their own safety or the safety of others, the
first on the scene is often a conservation officer (e.g., for an incident at a state park) or a
Department of Public Safety officer (for an incident on a college campus).
FISCAL IMPACT:
The bill would have no fiscal impact on the state or local units of government.
House Fiscal Agency Page 1 of 2
POSITIONS:
A representative of the Department of Natural Resources testified in support of the bill.
(5-18-23)
Legislative Analyst: Susan Stutzky
Fiscal Analyst: Kevin Koorstra
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 59 as reported from House committee Page 2 of 2


Statutes affected:
Senate Introduced Bill: 330.1100
As Passed by the Senate: 330.1100
As Passed by the House: 330.1100
Public Act: 330.1100
Senate Enrolled Bill: 330.1100