HOUSE BILL NO. 5540

February 25, 2020, Introduced by Reps. LaFave, Steven Johnson, Maddock, Markkanen, Vaupel, Berman, Hoitenga, Robinson, Reilly, Bellino, Paquette, Rendon, Green, Liberati and Wozniak and referred to the Committee on Judiciary.

"Natural resources and environmental protection act,"

by amending section 1602 (MCL 324.1602), as added by 1995 PA 60, and by adding section 1507.

the people of the state of michigan enact:

Sec. 1507. Notwithstanding any other provision of this act, an employee of the department shall not enter into or upon private property unless 1 of the following applies:

(a) The owner or lessee of the property authorizes the entry.

(b) The employee is a peace officer or park and recreation officer acting under the authority of section 1606, and 1 or more of the following apply:

(i) The employee has a warrant issued by a court of competent jurisdiction authorizing the entry.

(ii) The employee reasonably believes that, if the employee delays to seek a warrant, evidence of a crime will be destroyed or concealed or an individual will be endangered.

(iii) The employee is in hot pursuit of a criminal suspect.

Sec. 1602. (1) The department , or an officer appointed by the department , may file do any of the following:

(a) File a complaint and commence proceedings against any a person for a violation of any of the laws or statutes a statute or other law described in section 1601, without the sanction of the prosecuting attorney of the county in which the proceedings are commenced . In such a case, the officer is not obliged to furnish and without furnishing security for costs.

The department, or an officer appointed by the department, may appear

(b) Appear for the people in any a court of competent jurisdiction in any cases a case for violation of any of the statutes or laws a law described in section 1601. , may prosecute

(c) Prosecute the cases case in the same manner and with the same authority as the prosecuting attorney of any the county in which the proceedings are commenced. , and may sign

(d) Sign vouchers for the payment of jurors' or witnesses' fees in those cases the case in the same manner and with the same authority as a prosecuting attorneys attorney in a criminal cases. Whenever case.

(2) Subject to section 1507, if an officer appointed by the department has probable cause to believe that any of the statutes or laws mentioned a particular person has violated or is violating a law described in section 1601, have been or are being violated by any particular person, the officer has the power to search, may, without warrant, any do any of the following:

(a) Search or enter into or upon public or private property to search a boat, conveyance, vehicle, automobile, fish box, fish basket, game bag, game coat, or any other receptacle or place, except dwellings a dwelling or dwelling houses, house or within the curtilage of any a dwelling house, in which nets, hunting or fishing apparatuses or appliances, wild birds, wild animals, or fish may be possessed, kept, or carried by the person. , and an officer appointed by the department may enter

(b) Enter into or upon any private property or public property for that purpose or for the purpose of patrolling, investigating, or examining to patrol, investigate, or examine when he or she has probable cause for believing that any of the statutes or laws described in section 1601 have been or are being violated to believe that the violation occurred or is occurring on that property.

(3) The term "private property" as used in this part does not include dwellings or dwelling houses a dwelling or dwelling house or that which is anything within the curtilage of any a dwelling house.

(4) An officer appointed by the department shall at any and all times seize and take possession of any and all nets, hunting or fishing apparatuses or appliances, or other property , or wild birds, wild animals, or fish, or any a part or parts thereof, which that have been caught, taken, killed, shipped, or had in possession or under control , at a time, in a manner, or for a purpose, contrary to any of the statutes or laws a law described in section 1601. , and the The seizure may be made without a warrant. A common carrier is not responsible for damages or otherwise to any an owner, shipper, or consignee by reason of any such because of the seizure. When a complaint is made on under oath to any a magistrate authorized to issue warrants in criminal cases that any wild birds, wild animals, or fish, any or a part or parts of wild birds, wild animals, or fish, thereof, or any nets, hunting or fishing apparatuses or appliances, or other property have been or are being killed, taken, caught, had in possession or under control, or shipped, contrary to the statutes or laws a law described in section 1601, and that the complainant believes that the property to be is stored, kept, or concealed in any particular house or place, the magistrate, if he or she is satisfied that there is probable cause for the belief, shall issue a warrant to search for the property. The warrant shall be directed to the department, or an officer appointed by the department, or to any other peace officer. All The wild birds, wild animals, fish, nets, boats, fishing or hunting appliances or apparatuses, or automobiles or other property of any kind seized by an officer shall be turned over to the department to be held by the department subject to the order of the court as provided in this part.

(5) (2) For the purposes of this part, "probable cause for the belief" or "probable cause to believe" is present on the part of a peace officer if there are facts that would induce any a fair-minded person of average intelligence and judgment to believe that a law or statute described in section 1601 had been violated or was being violated. contrary to any of the statutes or laws described in section 1601.