November 27, 2018, Introduced by Rep. Cochran and referred to the Committee on Commerce and Trade.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8801 (MCL 600.8801), as amended by 2005 PA 51.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8801. (1) This chapter applies only to a state civil
infraction action involving a violation of state law that is
designated as a state civil infraction.
(2) This chapter does not apply to a civil infraction action
involving a traffic or parking violation.
(3) As used in this chapter:
(a) "Citation" means a written complaint or notice to appear
in court upon which a law enforcement officer records the
occurrence or existence of 1 or more state civil infractions by the
person cited.
(b) "Civil infraction determination" means a determination
that a defendant is responsible for a state civil infraction by 1
of the following:
(i) An admission of responsibility for the state civil
infraction.
(ii) An admission of responsibility for the state civil
infraction, "with explanation".
(iii) A preponderance of the evidence at an informal hearing
or formal hearing on the question under section 8819 or 8821,
respectively.
(iv) A default judgment, for failing to appear as directed by
a citation or other notice, at a scheduled appearance under section
8815(3)(b) or (4), at an informal hearing under section 8819, or at
a formal hearing under section 8821.
(c) "Law enforcement officer" means any of the following:
(i) A sheriff or deputy sheriff.
(ii) An officer of the police department of a city, village,
or township, or the marshal of a city, village, or township.
(iii) An officer of the Michigan state police.
(iv) A conservation officer.
(v) A security employee employed by the state pursuant to
section 6c of 1935 PA 59, MCL 28.6c.
(vi) A motor carrier officer appointed pursuant to section 6d
of 1935 PA 59, MCL 28.6d.
(vii) A public safety officer employed by a university as
authorized by either of the following:
(A) 1965 PA 278, MCL 390.711 to 390.717.
(B) 1990 PA 120, MCL 390.1511 to 390.1514.
(viii) If authorized by the governing body of a political
subdivision, a constable of the political subdivision.
(ix) A park and recreation officer commissioned pursuant to
section 1606 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.1606.
(x) A state forest officer commissioned pursuant to section
83107 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.83107.
(xi) An officer, employee, or agent of the department of
environmental quality or department of agriculture and rural
development enforcing section 16304 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.16304, pursuant
to authority granted by the director of the respective department,
or a local health officer, as defined in section 1105 of the public
health code, 1978 PA 368, MCL 333.1105, enforcing section 16304 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.16304.
(xii) (xi) An
officer, employee, or agent of the department of
agriculture and rural development enforcing, pursuant to authority
granted
by the director of agriculture, that
department, a statute
administered, a rule promulgated, or an order issued by the
department of agriculture and rural development or the director of
agriculture.that department.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6505 (request no.
06757'18) of the 99th Legislature is enacted into law.