HB-5768, As Passed House, December 5, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5768

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to prohibit any agency of this state, any political

 

subdivision of this state, any employee of any agency of this state

 

or any political subdivision of this state, or any member of the

 

Michigan national guard from assisting an agency of the armed

 

forces of the United States in the investigation, prosecution, or

 

detainment of any citizen of the United States under certain

 

circumstances.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) Subject to subsection (2), notwithstanding any

 

provision of law to the contrary, no agency of this state, no

 

political subdivision of this state, no employee of an agency of

 

this state or a political subdivision of this state acting in his

 

or her official capacity, and no member of the Michigan national

 


guard on official state duty shall aid an agency of the armed

 

forces of the United States in any investigation, prosecution, or

 

detention of any person pursuant to section 1021 of the national

 

defense authorization act for fiscal year 2012, if such aid would

 

place that state agency, political subdivision, employee, or member

 

of the Michigan national guard in violation of the United States

 

constitution, the state constitution of 1963, or any law of this

 

state.

 

     (2) Subsection (1) does not apply to participation by state or

 

local law enforcement or the Michigan national guard in a joint

 

task force, partnership, or other similar cooperative agreement

 

with federal law enforcement if that joint task force, partnership,

 

or similar cooperative agreement is not for the purpose of

 

investigating, prosecuting, or detaining any person pursuant to

 

section 1021 of the national defense authorization act for fiscal

 

year 2012.