| 1 | 1 | | HOUSE BILL NO. 5907 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 2a of chapter IV (MCL 764.2a), as amended by 2016 PA 326. the people of the state of michigan enact: CHAPTER IV Sec. 2a. (1) A peace officer of a county, city, village, township, public airport authority, qualified authority, or university of this state may exercise the authority and powers of a peace officer outside the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university under any of the following circumstances: (a) If the officer is enforcing the laws of this state in conjunction with the Michigan state police. (b) If the officer is enforcing the laws of this state in conjunction with a peace officer of any other county, city, village, township, public airport authority, qualified authority, or university in which the officer may be. (c) If the officer has witnessed an individual violate any of the following within the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university and immediately pursues the individual outside of the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university: (i) A state law or administrative rule. (ii) A local ordinance. (iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction. (d) If a public airport authority officer has witnessed an individual violate any of the following while the individual is outside the geographical boundaries of the public airport authority but the violation committed by the individual occurs within the airspace above the public airport authority and immediately pursues the individual: (i) A state law or administrative rule. (ii) A local ordinance. (iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction. (e) If a law enforcement officer of a qualified authority is located within the geographical boundaries of the qualified authority and has witnessed an individual violate any of the following while the individual is outside the geographical boundaries of the qualified authority and immediately pursues the individual: (i) A state law or administrative rule. (ii) A local ordinance. (iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction. (2) The officer pursuing an individual under subsection (1)(c), or (d), or (e) may stop and detain the person outside the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university for the purpose of enforcing that law, administrative rule, or ordinance or enforcing any other law, administrative rule, or ordinance before, during, or immediately after the detaining of the individual. If the violation or pursuit involves a vessel moving on the waters of this state, the officer pursuing the individual may direct the operator of the vessel to bring the vessel to a stop or maneuver it in a manner that permits the officer to come beside the vessel. (3) For purposes of this section, the geographic boundaries of a qualified authority include the geographic boundaries of the qualified authority and the geographic boundaries of each county, city, village, or township that contracts with the qualified authority for the furnishing of water, sewage disposal, or waste management services under section 10 of 1955 PA 233, MCL 124.290. (4) (3) As used in this section: , "public (a) "Public airport authority" means an authority created under section 110 or a regional authority created under section 139 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.110 and 259.139, that is a political subdivision and instrumentality of the local government that owns the airport and is considered a public agency of the local government for purposes of state and federal law. (b) "Qualified authority" means that term as defined in section 1 of 1955 PA 233, MCL 124.281. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5909 (request no. 05425'24) of the 102nd Legislature is enacted into law. |
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| 21 | 21 | | HOUSE BILL NO. 5907 |
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| 24 | 24 | | |
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| 25 | 25 | | A bill to amend 1927 PA 175, entitled |
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| 27 | 27 | | "The code of criminal procedure," |
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| 28 | 28 | | |
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| 29 | 29 | | by amending section 2a of chapter IV (MCL 764.2a), as amended by 2016 PA 326. |
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| 30 | 30 | | |
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| 31 | 31 | | the people of the state of michigan enact: |
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| 32 | 32 | | |
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| 33 | 33 | | CHAPTER IV |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 2a. (1) A peace officer of a county, city, village, township, public airport authority, qualified authority, or university of this state may exercise the authority and powers of a peace officer outside the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university under any of the following circumstances: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) If the officer is enforcing the laws of this state in conjunction with the Michigan state police. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) If the officer is enforcing the laws of this state in conjunction with a peace officer of any other county, city, village, township, public airport authority, qualified authority, or university in which the officer may be. |
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| 40 | 40 | | |
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| 41 | 41 | | (c) If the officer has witnessed an individual violate any of the following within the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university and immediately pursues the individual outside of the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university: |
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| 42 | 42 | | |
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| 43 | 43 | | (i) A state law or administrative rule. |
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| 45 | 45 | | (ii) A local ordinance. |
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| 46 | 46 | | |
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| 47 | 47 | | (iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction. |
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| 48 | 48 | | |
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| 49 | 49 | | (d) If a public airport authority officer has witnessed an individual violate any of the following while the individual is outside the geographical boundaries of the public airport authority but the violation committed by the individual occurs within the airspace above the public airport authority and immediately pursues the individual: |
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| 50 | 50 | | |
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| 51 | 51 | | (i) A state law or administrative rule. |
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| 52 | 52 | | |
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| 53 | 53 | | (ii) A local ordinance. |
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| 54 | 54 | | |
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| 55 | 55 | | (iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction. |
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| 56 | 56 | | |
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| 57 | 57 | | (e) If a law enforcement officer of a qualified authority is located within the geographical boundaries of the qualified authority and has witnessed an individual violate any of the following while the individual is outside the geographical boundaries of the qualified authority and immediately pursues the individual: |
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| 58 | 58 | | |
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| 59 | 59 | | (i) A state law or administrative rule. |
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| 60 | 60 | | |
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| 61 | 61 | | (ii) A local ordinance. |
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| 62 | 62 | | |
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| 63 | 63 | | (iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction. |
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| 64 | 64 | | |
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| 65 | 65 | | (2) The officer pursuing an individual under subsection (1)(c), or (d), or (e) may stop and detain the person outside the geographical boundaries of the officer's county, city, village, township, public airport authority, qualified authority, or university for the purpose of enforcing that law, administrative rule, or ordinance or enforcing any other law, administrative rule, or ordinance before, during, or immediately after the detaining of the individual. If the violation or pursuit involves a vessel moving on the waters of this state, the officer pursuing the individual may direct the operator of the vessel to bring the vessel to a stop or maneuver it in a manner that permits the officer to come beside the vessel. |
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| 66 | 66 | | |
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| 67 | 67 | | (3) For purposes of this section, the geographic boundaries of a qualified authority include the geographic boundaries of the qualified authority and the geographic boundaries of each county, city, village, or township that contracts with the qualified authority for the furnishing of water, sewage disposal, or waste management services under section 10 of 1955 PA 233, MCL 124.290. |
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| 68 | 68 | | |
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| 69 | 69 | | (4) (3) As used in this section: , "public |
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| 70 | 70 | | |
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| 71 | 71 | | (a) "Public airport authority" means an authority created under section 110 or a regional authority created under section 139 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.110 and 259.139, that is a political subdivision and instrumentality of the local government that owns the airport and is considered a public agency of the local government for purposes of state and federal law. |
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| 72 | 72 | | |
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| 73 | 73 | | (b) "Qualified authority" means that term as defined in section 1 of 1955 PA 233, MCL 124.281. |
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| 74 | 74 | | |
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| 75 | 75 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5909 (request no. 05425'24) of the 102nd Legislature is enacted into law. |
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