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 create the campus crime investigation act; to create
the campus crime commission; to prescribe its powers and duties; to
prescribe the powers and duties of certain state agencies and
offices; and to make certain appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"campus crime investigation act".
Sec. 3. As used in this act:
(a) "Campus" means the property owned or leased by an
institution of higher education.
(b) "Commission" means the campus crime commission created in
section 5.
(c) "Department" means the department of state police.
(d) "Domestic violence" means a violation of section 81(2),
(3), (4), or (5) of the Michigan penal code, 1931 PA 328, MCL
750.81.
(e) "Institution of higher education" means a public or
private community college, college, or university.
(f) "Public safety officer" means a law enforcement officer
described under section 2(f)(i)(Z) to (BB) and (LL) of the Michigan
commission on law enforcement standards act, 1965 PA 203, MCL
28.602.
Sec. 5. (1) The campus crime commission is created in the
department.
(2) The governor shall appoint members to the commission in
consultation with the department. Members of the commission must
have a valid license issued under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and
must include all of the following individuals:
(a) Five individuals who are department investigators or
detectives.
(b) Five individuals who are investigators or detectives
employed by a county sheriff.
(c) Two individuals who are municipal law enforcement officers
and are investigators or detectives.
(3) The members first appointed to the commission must be
appointed within 180 days after the effective date of this act.
(4) Members of the commission shall serve for terms of 4 years
or until a successor is appointed, whichever is later.
(5) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The commission shall do 1 or both of the following after
receiving notice of allegations that first or second degree murder,
domestic violence, or a crime involving sexual violence or contact,
or assault with a weapon, occurred on a campus:
(a) Accept or reject the transfer of that criminal
investigation.
(b) If the commission accepts the transfer of a criminal
investigation under subdivision (a), oversee the criminal
investigation and provide direction to the public safety officers
of that campus to facilitate the transfer.
(8) The highest commanding officer appointed under section
5(2)(a) will be the officer in charge of the commission. The
officer in charge shall assign a criminal investigation accepted by
the commission to a member of the commission.
(9) A member of the commission may decline an assignment under
subsection (8) for any reason. If an assignment is declined under
this subsection, the officer in charge shall assign the criminal
investigation to another member.
Sec. 7. (1) The department shall promulgate rules to implement
this act pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(2) Beginning with the 2018-2019 fiscal year and each fiscal
year after that, the department shall provide not less than 2 full-
time employees to provide administrative support to the commission
and shall reimburse a law enforcement agency that employs a
commission member described in section 5(2)(b) and (c) for the
compensation paid to that member for the time that member conducted
a criminal investigation under this act.
(3) For the 2018-2019 fiscal year, $1,500,000.00 is
appropriated from the general fund to the department to implement
this act.
(4) It is the intent of the legislature that beginning with
the 2019-2020 fiscal year, and each fiscal year after that,
$1,500,000.00 must be appropriated to the department to implement
this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless all
of the following bills of the 99th Legislature are enacted into
law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
05654'18 a *).
(b) Senate Bill No.____ or House Bill No.____ (request no.
05654'18 b *).
(c) Senate Bill No.____ or House Bill No.____ (request no.
05654'18 c *).
(d) Senate Bill No.____ or House Bill No. 6240 (request no.
05654'18 d *).