HOUSE BILL No. 4388 March 9, 1999, Introduced by Reps. Jelinek, LaSata, Kuipers, Ehardt, Richner and Scranton and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1606 (MCL 324.1606), as added by 1995 PA 60. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1606. (1) The department and conservation officers 2 appointed by the department are peace officers vested with all 3 the powers, privileges, prerogatives, and immunities conferred 4 upon peace officers by the general laws of this state; have the 5 same power to serve criminal process as sheriffs; have the same 6 right as sheriffs to require aid in executing process; and are 7 entitled to the same fees as sheriffs in performing those 8 duties. 9 (2) The department may commissionstatepark AND 10 RECREATION officers to enforce,within the boundaries of the11state parksON PROPERTY REGULATED UNDER PART 741 OR 781, rules 02660'99 TMV 2 1 promulgated by the department and any laws of this state 2 specified in those rules as enforceable by commissionedstate3 park AND RECREATION officers. In performing those enforcement 4 activities, commissionedstatepark AND RECREATION officers are 5 vested with the powers, privileges, prerogatives, and immunities 6 conferred upon peace officers under the laws of this state. A 7 PARK AND RECREATION OFFICER COMMISSIONED IN ACCORDANCE WITH THIS 8 SUBSECTION MAY ARREST AN INDIVIDUAL WITHOUT A WARRANT IF 1 OR 9 MORE OF THE FOLLOWING CIRCUMSTANCES EXIST: 10 (A) IN THE PRESENCE OF THE PARK AND RECREATION OFFICER, THE 11 INDIVIDUAL COMMITS AN ASSAULT OR AN ASSAULT AND BATTERY IN VIOLA- 12 TION OF SECTION 81 OR 81A OF THE MICHIGAN PENAL CODE, 1931 PA 13 328, MCL 750.81 AND 750.81A. 14 (B) THE PARK AND RECREATION OFFICER HAS REASONABLE CAUSE TO 15 BELIEVE THAT A FELONY HAS BEEN COMMITTED AND REASONABLE CAUSE TO 16 BELIEVE THAT THE INDIVIDUAL HAS COMMITTED IT. 17 (C) THE PARK AND RECREATION OFFICER HAS RECEIVED AFFIRMATIVE 18 WRITTEN OR VERBAL NOTICE FROM A LAW ENFORCEMENT OFFICER OR AGENCY 19 THAT A PEACE OFFICER POSSESSES A WARRANT FOR THE INDIVIDUAL'S 20 ARREST. 21 (D) THE PERSON VIOLATES SECTION 625(1) OR (3) OR 626 OF THE 22 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625 AND 257.626. 23 (E) THE PERSON VIOLATES PART 741, 811, OR 821 OR SECTION 24 80198B. 25 (F) THE PERSON VIOLATES SECTION 11(7) OR 19 OF THE PERSONAL 26 WATERCRAFT SAFETY ACT, 1998 PA 116, MCL 281.1411 AND 281.1419. 02660'99 3 1 (3) A PARK AND RECREATION OFFICER COMMISSIONED UNDER 2 SUBSECTION (2) MAY ISSUE A CIVIL INFRACTION CITATION TO AN 3 INDIVIDUAL WHO VIOLATES SECTION 611, 626B, OR 627 OF THE MICHIGAN 4 VEHICLE CODE, 1949 PA 300, MCL 257.611, 257.626B, AND 257.627. 5 (4)(3)If a conservation officer or astatepark AND 6 RECREATION officer commissionedpursuant toUNDER subsection 7 (2) arrests a person without warrant for a misdemeanor committed 8 in the officer's presence that is punishable by imprisonment for 9 not more than 90 days or a fine, or both, instead of immediately 10 bringing the person for arraignment by the court having jurisdic- 11 tion, the officer may issue to and serve upon the person an 12 appearance ticket as authorized by sections 9a to 9g of chapter 13 IV of the code of criminal procedure,Act No. 175 of the Public14Acts of 1927, being sections 764.9a to 764.9g of the Michigan15Compiled Laws1927 PA 175, MCL 764.9A TO 764.9G. 16 (5)(4)An appearance pursuant to an appearance ticket may 17 be made in person, by representation, or by mail. If appearance 18 is made by representation or mail, a district judge,OR a 19 municipal judge, or a judge of recorder's court of Detroitmay 20 accept a plea of guilty and payment of a fine and costs on or 21 before the definite court date indicated on the appearance 22 ticket, or may accept a plea of not guilty for purposes of 23 arraignment, both with the same effect as though the person per- 24 sonally appeared before the court. If appearance is made by rep- 25 resentation or mail, a district court magistrate may accept a 26 plea of guilty upon an appearance ticket and payment of a fine 27 and costs on or before the definite court date indicated on the 02660'99 4 1 appearance ticket for those offenses within the magistrate's 2 jurisdiction, as prescribed by section 8511 of the revised judi- 3 cature act of 1961,Act No. 236 of the Public Acts of 1961,4being section 600.8511 of the Michigan Compiled Laws1961 PA 5 236, MCL 600.8511, or may accept a plea of not guilty for pur- 6 poses of arraignment, if authorized to do so by the judge of the 7 district court district, with the same effect as though the 8 person personally appeared before the court. The court, by 9 giving not less than 5 days' notice of the date of appearance, 10 may require appearance in person at the place designated in the 11 appearance ticket. 12 (6)(5)This section does not prevent the execution of a 13 warrant for the arrest of the person as in other cases of misde- 14 meanors if necessary. 15 (7)(6)If a person fails to appear, the court, in addi- 16 tion to the fine assessed if the person is found guilty for the 17 offense committed, may add to the fine and costs levied against 18 the person additional costs incurred in compelling the appearance 19 of the person, which additional costs shall be returned to the 20 general fund of the unit of government incurring the costs. 21 (8)(7)The department, in conjunction with the Michigan 22 state employees association of the American federation of state, 23 county, and municipal employees and the Michigan professional 24 employees society, shall study the feasibility of allowing 25 full-time employees of the department to perform the duties of 26 conservation officers under certain circumstances. 02660'99 Final page. TMV