Act No. 310

Public Acts of 2000

Approved by the Governor

October 17, 2000

Filed with the Secretary of State

October 17, 2000

EFFECTIVE DATE: October 17, 2000

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senators Hoffman, Koivisto, Gast, McCotter, Goschka, Stille, Hammerstrom and Bullard

ENROLLED SENATE BILL No. 806

AN ACT to authorize the state or a county, city, village, or township law enforcement agency to enter into mutual aid agreements with law enforcement agencies of a physically adjacent state; to prescribe the minimum terms of the mutual aid agreements; and to provide immunity from civil and criminal actions to certain persons.

The People of the State of Michigan enact:

Sec. 1. As used in this act:

(a) "Agreement" means a written agreement between 1 or more law enforcement agencies in this state and at least 1 law enforcement agency in a physically adjacent state.

(b) "Law enforcement agency" means a police or sheriff's department that has the authority to enforce the general criminal laws of this state or a similar governmental organization of a physically adjacent state.

Sec. 2. Subject to section 3, this state or a county, city, village, or township law enforcement agency of this state may enter into a mutual aid agreement with a law enforcement agency of a physically adjacent state.

Sec. 3. (1) An agreement entered into under this act by a county, city, village, or township law enforcement agency shall first be authorized by the governing body of that law enforcement agency of this state and the governing body of the law enforcement agency of the physically adjacent state.

(2) An agreement entered into under this act shall include at least all of the following terms:

(a) The name and title of the official who may initiate a mutual aid request and a mutual aid response under the agreement.

(b) The nature of an emergency situation that may initiate a request or a response of the law enforcement agency to or from the law enforcement agency of the physically adjacent state.

(c) The arrest authority of the law enforcement officers responding from the law enforcement agency of the physically adjacent state, which must comply with the peace officer standards of the adjacent state.

(d) The chain of command for the supervision of the responding law enforcement officers from the law enforcement agency of the physically adjacent state.

(3) An agreement entered into under this act shall be filed with the commission on law enforcement standards.

Sec. 4. A law enforcement officer from a physically adjacent state, who responds under the terms of an agreement entered into under this act, has the same authority and immunity from criminal and civil liability as a law enforcement or police officer of this state.

Enacting section 1. This act does not take effect unless Senate Bill No. 1184 of the 90th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.