HB-4998, As Passed Senate, December 13, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4998

 

 

September 20, 2017, Introduced by Rep. Barrett and referred to the Committee on Law and Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 215 (MCL 750.215), as amended by 2003 PA 15.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 215. (1) An individual who is not a peace officer or a

 

medical examiner shall not do any of the following:

 

     (a) Perform the duties of a peace officer or a medical

 

examiner.

 

     (b) Represent to another person that he or she is a peace

 

officer or a medical examiner for any unlawful purpose.

 

     (c) Represent to another person that he or she is a peace

 

officer or a medical examiner with the intent to compel the person

 

to do or refrain from doing any act against his or her will.

     (2) Except as provided in subsection (3), an individual who

 

violates subsection (1) is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (3) An individual who, in violation of subsection (1),

 

performs the duties of a peace officer to commit or attempt to

 

commit a crime or represents to another person that he or she is a

 

peace officer to commit or attempt to commit a crime is guilty of a

 

felony punishable by imprisonment for not more than 4 years or a

 

fine of not more than $5,000.00, or both.

 

     (4) A sentence imposed under subsection (3) may be ordered to

 

be served consecutively to any term of imprisonment imposed for

 

another violation arising from the same transaction.

 

     (5) As used in this section, "peace officer" means any of the

 

following:

 

     (a) A sheriff or deputy sheriff of a county of this state or

 

another state.

 

     (b) An officer of the police department of a city, village, or

 

township of this state or another state.

 

     (c) A marshall of a city, village, or township.

 

     (d) A constable.

 

     (e) An officer of the Michigan state police.

 

     (f) A conservation officer.

 

     (g) A security employee employed by the state pursuant to

 

section 6c of 1935 PA 59, MCL 28.6c.

 

     (h) A motor carrier officer appointed pursuant to section 6d

 

of 1935 PA 59, MCL 28.6d.

     (i) A police officer or public safety officer of a community

 

college, college, or university who is authorized by the governing

 

board of that community college, college, or university to enforce

 

state law and the rules and ordinances of that community college,

 

college, or university.

 

     (j) A park and recreation officer commissioned pursuant to

 

under section 1606 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.1606.

 

     (k) A state forest officer commissioned pursuant to under

 

section 83107 of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.83107.

 

     (l) A federal law enforcement officer.

 

     (m) An investigator of the state department of attorney

 

general.

 

     (n) A railroad police officer appointed, commissioned, and

 

acting as provided in section 367 of the railroad code of 1993,

 

1993 PA 354, MCL 462.367.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.