Michigan Laws 28.518 – Circumstances requiring report to commission; failure to file report as misdemeanor; penalty
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 28.518
- Arrest: Taking physical custody of a person by lawful authority.
- Certificate: means a commission-issued document that identifies a qualified retired law enforcement officer who is certified under 18 USC 926C and this act. See Michigan Laws 28.512
- Certificate holder: means a qualified retired law enforcement officer who is issued a certificate by the commission. See Michigan Laws 28.512
- Commission: means the commission on law enforcement standards established under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512
- Conviction: A judgement of guilt against a criminal defendant.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A certificate holder shall immediately report to the commission in writing the circumstances of any of the following:
(a) An arrest or a conviction for a violation of any state or federal criminal law.
(b) Becoming the subject of an order or disposition in any jurisdiction that does 1 or more of the following:
(i) Restrains the certificate holder from harassing, stalking, or threatening an intimate partner of the person or a child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.
(ii) Prohibits or limits the transport, possession, carrying, or use of firearms or ammunition.
(iii) Involves an adjudication of mental illness, a finding of insanity, a finding of legal incapacity, or an order for involuntary commitment in an inpatient or outpatient setting.
(c) A laboratory result reflecting the unauthorized presence of controlled substances following a drug test administered to the certificate holder.
(2) A certificate holder who fails to file a written report as required under subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.