HOUSE BILL No. 4920 June 12, 1997, Introduced by Reps. Jelinek, Raczkowski, Brackenridge and Goschka and referred to the Committee on Conservation, Environment and 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 ENFORCEMENT officers to enforce,within the11boundaries of the state parksON PROPERTY REGULATED UNDER PART 03449'97 TMV 2 1 741 OR 781, rules promulgated by the department and any laws of 2 this state specified in those rules as enforceable by commis- 3 sionedstatepark AND RECREATION ENFORCEMENT officers. In per- 4 forming those enforcement activities, commissionedstatepark 5 AND RECREATION ENFORCEMENT officers are vested with the powers, 6 privileges, prerogatives, and immunities conferred upon peace 7 officers under the laws of this state. A PARK AND RECREATION 8 ENFORCEMENT OFFICER COMMISSIONED IN ACCORDANCE WITH THIS SUBSEC- 9 TION MAY ARREST AN INDIVIDUAL WITHOUT A WARRANT IF 1 OR MORE OF 10 THE FOLLOWING CIRCUMSTANCES EXIST: 11 (A) IN THE PRESENCE OF THE PARK AND RECREATION ENFORCEMENT 12 OFFICER, THE INDIVIDUAL COMMITS AN ASSAULT OR AN ASSAULT AND BAT- 13 TERY IN VIOLATION OF SECTION 81 OR 81A OF THE MICHIGAN PENAL 14 CODE, 1931 PA 328, MCL 750.81 AND 750.81A. 15 (B) THE PARK AND RECREATION ENFORCEMENT OFFICER HAS REASON- 16 ABLE CAUSE TO BELIEVE THAT A FELONY HAS BEEN COMMITTED AND REA- 17 SONABLE CAUSE TO BELIEVE THAT THE INDIVIDUAL HAS COMMITTED IT. 18 (C) THE PARK AND RECREATION ENFORCEMENT OFFICER HAS RECEIVED 19 AFFIRMATIVE WRITTEN OR VERBAL NOTICE FROM A LAW ENFORCEMENT OFFI- 20 CER OR AGENCY THAT A PEACE OFFICER POSSESSES A WARRANT FOR THE 21 INDIVIDUAL'S ARREST. 22 (D) THE PERSON VIOLATES SECTION 625(1) OR (3) OR 626 OF THE 23 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625 AND 257.626. 24 (E) THE PERSON VIOLATES PART 741, 811, OR 821 OR SECTION 25 80143(6) OR 80198B. 26 (3) A PARK AND RECREATION ENFORCEMENT OFFICER COMMISSIONED 27 UNDER SUBSECTION (2) MAY ISSUE A CIVIL INFRACTION CITATION TO AN 03449'97 3 1 INDIVIDUAL WHO VIOLATES SECTION 611, 626B, OR 627 OF THE MICHIGAN 2 VEHICLE CODE, 1949 PA 300, MCL 257.611, 257.626B, AND 257.627. 3 (4)(3)If a conservation officer or astatepark AND 4 RECREATION ENFORCEMENT officer commissionedpursuant toUNDER 5 subsection (2) arrests a person without warrant for a misdemeanor 6 committed in the officer's presence that is punishable by impris- 7 onment for not more than 90 days or a fine, or both, instead of 8 immediately bringing the person for arraignment by the court 9 having jurisdiction, the officer may issue to and serve upon the 10 person an appearance ticket as authorized by sections 9a to 9g of 11 chapter IV of the code of criminal procedure,Act No. 175 of the12Public Acts of 1927, being sections 764.9a to 764.9g of the13Michigan Compiled Laws1927 PA 175, MCL 764.9A TO 764.9G. 14 (5)(4)An appearance pursuant to an appearance ticket may 15 be made in person, by representation, or by mail. If appearance 16 is made by representation or mail, a district judge, a municipal 17 judge, or a judge of recorder's court of Detroit may accept a 18 plea of guilty and payment of a fine and costs on or before the 19 definite court date indicated on the appearance ticket, or may 20 accept a plea of not guilty for purposes of arraignment, both 21 with the same effect as though the person personally appeared 22 before the court. If appearance is made by representation or 23 mail, a district court magistrate may accept a plea of guilty 24 upon an appearance ticket and payment of a fine and costs on or 25 before the definite court date indicated on the appearance ticket 26 for those offenses within the magistrate's jurisdiction, as 27 prescribed by section 8511 of the revised judicature act of 1961, 03449'97 4 1Act No. 236 of the Public Acts of 1961, being section 600.85112of the Michigan Compiled Laws1961 PA 236, MCL 600.8511, or may 3 accept a plea of not guilty for purposes of arraignment, if 4 authorized to do so by the judge of the district court district, 5 with the same effect as though the person personally appeared 6 before the court. The court, by giving not less than 5 days' 7 notice of the date of appearance, may require appearance in 8 person at the place designated in the appearance ticket. 9 (6)(5)This section does not prevent the execution of a 10 warrant for the arrest of the person as in other cases of misde- 11 meanors if necessary. 12 (7)(6)If a person fails to appear, the court, in addi- 13 tion to the fine assessed if the person is found guilty for the 14 offense committed, may add to the fine and costs levied against 15 the person additional costs incurred in compelling the appearance 16 of the person, which additional costs shall be returned to the 17 general fund of the unit of government incurring the costs. 18 (8)(7)The department, in conjunction with the Michigan 19 state employees association of the American federation of state, 20 county, and municipal employees and the Michigan professional 21 employees society, shall study the feasibility of allowing 22 full-time employees of the department to perform the duties of 23 conservation officers under certain circumstances. 03449'97 Final page. 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