June 12, 2018, Introduced by Reps. Chirkun, Howell, Love, Cambensy, Dianda, Geiss, Greimel, Gay-Dagnogo and Yanez and referred to the Committee on Law and Justice.
A bill to amend 1966 PA 331, entitled
"Community college act of 1966,"
by amending the title and sections 128 and 131 (MCL 389.128 and
389.131), the title as amended by 2008 PA 359 and sections 128 and
131 as amended by 1998 PA 281.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to revise and consolidate the laws relating to
community colleges; to provide for the creation of community
college districts; to provide a charter for such districts; to
provide for the government, control, and administration of such
districts; to provide for the election of a board of trustees; to
define the powers and duties of the board of trustees; to provide
for the assessment, levy, collection and return of taxes therefor;
to authorize community college districts to operate a new jobs
training program, enter into certain training agreements, and issue
bonds to finance the training program; to grant certain powers,
duties, and authority to public safety and police officers of a
community college; to prescribe penalties and provide remedies; and
to repeal acts and parts of acts.
Sec. 128. (1) Subject to subsections (2), and
(3), and (4),
the board of trustees of a community college created under this act
may grant to the public safety officers or police officers of that
community college the powers and authority of a peace or law
enforcement
officer. Public Subject to
subsection (4), public
safety officers or police officers granted the powers and authority
under
this act shall have the same powers and authority of a peace
officer under the code of criminal procedure, 1927 PA 175, MCL
760.1
to 776.22, 777.69, and as provided under the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923.
(2) Before granting the powers and authority provided under
subsection (1), a board of trustees of a community college shall
conduct not less than 2 public hearings.
(3) The board of trustees of a community college shall not
grant the powers and authority described in subsection (1) unless
that board of trustees creates a public safety advisory committee.
The
public safety advisory committee shall must be comprised of 2
members of the faculty and 2 members of the staff of the community
college. The public safety advisory committee shall receive and
address grievances by persons against the public safety officers or
police officers or against the public safety department or police
department of that community college. The committee may recommend
to the board of trustees or the administration of that community
college that disciplinary measures be taken against a public safety
officer or police officer who is found responsible for misconduct
in office.
(4) Except for the investigation and action described in
section 131(2), public safety officers and police officers granted
the powers and authority under this act may only investigate first
or second degree murder, domestic violence, or crimes involving
sexual violence or contact, or assault with a weapon, in
consultation with the campus crime commission as provided in the
campus crime investigation act.
(5) As used in this section and section 131, "domestic
violence" means a violation of section 81(2), (3), (4), or (5) of
the Michigan penal code, 1931 PA 328, MCL 750.81.
Sec. 131. (1) The public safety department or police
department of each community college shall submit monthly uniform
crime reports pertaining to crimes within the department's
jurisdiction to the department of state police in the same manner
as uniform crime reports are submitted under section 1 of 1968 PA
319, MCL 28.251.
(2) A public safety officer or police officer granted powers
and authority under this act shall notify the campus crime
commission if in the course of employment the public safety officer
or police officer receives information that first or second degree
murder, domestic violence, or a crime involving sexual violence or
contact, or assault with a weapon, has occurred on property owned
or leased by the community college. If otherwise granted the power
and authority under this act, a public safety officer or police
officer may conduct a preliminary investigation and take action on
the information before providing the notice required under this
subsection.
(3) A public safety officer or police officer who willfully
neglects to perform the duty required under subsection (2) is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $1,000.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6241 (request no.
05654'18 *) of the 99th Legislature is enacted into law.