HOUSE BILL NO. 5970
July 22, 2020, Introduced by Reps. Anthony,
Hope, Hood, Pohutsky, Pagan, Sowerby and Cynthia Neeley and referred to the
Committee on Judiciary.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "prohibition of volunteer law enforcement act".
(a) "Law enforcement department" means a regularly organized police department, sheriff's department, department of public safety, or other similar organization that meets all of the following requirements:
(i) Has as its primary purpose the enforcement of state or local penal laws and the preservation of public order.
(ii) Consists wholly of paid law enforcement officers, volunteer law enforcement officers, or a combination of volunteer and paid law enforcement officers.
(iii) Is organized and maintained by a municipality.
(b) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(c) "Municipality" means a city, village, or township of this state.
(d) "Volunteer law enforcement officer" means an individual who is a member of a law enforcement department and who meets all of the following requirements:
(i) Is not licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, as a law enforcement officer.
(ii) Performs assigned or authorized duties for the law enforcement department by his or her own free choice.
(iii) Serves in a position that is not clerical or secretarial in nature.
(iv) Is registered and accepted as a volunteer by the law enforcement department.
(v) Receives no monetary remuneration other than maintenance and reimbursement for actual expenses necessarily incurred in performing assigned duties.
Sec. 3. Beginning on January 1, 2021, a municipality maintaining or operating a law enforcement department shall not use a volunteer law enforcement officer.