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Michigan Compiled Laws Annotated Currentness. Chapter 324. Natural Resources and Environmental Protection Act. Natural Resources and Environmental Protection Act. Article I. General Provisions. Part 15. Enforcement

Statute Details
Printable Version
Citation: MI ST 324.1501 - 1609

Citation: M.C.L.A. 324.1501 - 1609


Last Checked by Web Center Staff: 06/2011

Summary:   These sections lay out the powers, including the power to serve criminal process, and jurisdiction of conservation officers, peace officers, and volunteer conservation officers. 


Statute in Full:

324.1501. Powers, privileges, prerogatives, and immunities of conservation officers

324.1502. Powers of conservation officers relating to service of criminal process; fees

324.1601. Powers and duties of department and appointed officers

324.1602. Complaint; prosecution; search without warrant; private property defined; common carrier not liable; issue of warrant; seizures; probable cause

324.1603. Condemnation and confiscation of seized property; jurisdiction and venue

324.1604. Condemnation and confiscation of seized property; complaint; order to show cause; notice; hearing; order relating to disposition of property

324.1605. Condemnation and confiscation of seized property; review or certiorari; procedure; bond

324.1606. Powers, privileges, immunities, fees, etc., of department and conservation officers; powers of commissioned park and recreation officers; appearances; pleas; fines and costs

324.1607. Volunteer conservation officers

324.1608. Resisting, obstructing, etc., department or officer; identification by officer making arrest or search or executing process or warrant

324.1609. Judgment fee

 

324.1501 Conservation officers as peace officers; powers, privileges, prerogatives, and immunities.

Sec. 1501.

Conservation officers appointed by the department and trained and certified pursuant to the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws, are peace officers, and except as otherwise provided by law, are vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers as provided in this act, in Act No. 109 of the Public Acts of 1986, being sections 300.21 to 300.22 of the Michigan Compiled Laws, and in the general laws of this state.

History: 1994, Act 451, Eff. Mar. 30, 1995 .

324.1502 Service and execution of criminal process; fees.

Sec. 1502.

Except as otherwise provided by law, conservation officers appointed by the department have the same power to serve criminal process and to require aid in executing criminal process as sheriffs, and are entitled to the same fees as sheriffs in performing those duties under this act, under Act No. 109 of the Public Acts of 1986, being sections 300.21 to 300.22 of the Michigan Compiled Laws, and under the general laws of this state.

History: 1994, Act 451, Eff. Mar. 30, 1995 .

324.1601 Duties of department and appointed officers.

Sec. 1601.

The department and any officer appointed by the department shall do all of the following:

(a) Enforce the statutes and laws of this state for the protection, propagation, or preservation of wild birds, wild animals, and fish.

(b) Enforce all other laws of this state that pertain to the powers and duties of the department or the commission.

(c) Bring or cause to be brought or prosecute or cause to be prosecuted actions and proceedings in the name of the people of this state for the purpose of punishing any person for the violation of statutes or laws described in this section.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 .

324.1602 Department or officer; prosecution; search without warrant; private property; definition; common carrier not liable; issuance of warrant; seizures; probable cause.

Sec. 1602.

(1) The department, or an officer appointed by the department, may file a complaint and commence proceedings against any person for a violation of any of the laws or statutes described in section 1601, without the sanction of the prosecuting attorney of the county in which the proceedings are commenced. In such a case, the officer is not obliged to furnish security for costs. The department, or an officer appointed by the department, may appear for the people in any court of competent jurisdiction in any cases for violation of any of the statutes or laws described in section 1601, may prosecute the cases in the same manner and with the same authority as the prosecuting attorney of any county in which the proceedings are commenced, and may sign vouchers for the payment of jurors' or witnesses' fees in those cases in the same manner and with the same authority as prosecuting attorneys in criminal cases. Whenever an officer appointed by the department has probable cause to believe that any of the statutes or laws mentioned in section 1601 have been or are being violated by any particular person, the officer has the power to search, without warrant, any boat, conveyance, vehicle, automobile, fish box, fish basket, game bag, game coat, or any other receptacle or place, except dwellings or dwelling houses, or within the curtilage of any dwelling house, in which nets, hunting or fishing apparatuses or appliances, wild birds, wild animals, or fish may be possessed, kept, or carried by the person, and an officer appointed by the department may enter into or upon any private or public property for that purpose or for the purpose of patrolling, investigating, or examining when he or she has probable cause for believing that any of the statutes or laws described in section 1601 have been or are being violated on that property. The term “private property” as used in this part does not include dwellings or dwelling houses or that which is within the curtilage of any dwelling house. An officer appointed by the department shall at any and all times seize and take possession of any and all nets, hunting or fishing apparatuses or appliances, or other property, wild birds, wild animals, or fish, or any part or parts thereof, which have been caught, taken, killed, shipped, or had in possession or under control, at a time, in a manner, or for a purpose, contrary to any of the statutes or laws described in section 1601, and the seizure may be made without a warrant. A common carrier is not responsible for damages or otherwise to any owner, shipper, or consignee by reason of any such seizure. When a complaint is made on oath to any magistrate authorized to issue warrants in criminal cases that any wild birds, wild animals, or fish, any part or parts of wild birds, wild animals, or fish, or any nets, hunting or fishing apparatuses or appliances, or other property have been or are being killed, taken, caught, had in possession or under control, or shipped, contrary to the statutes or laws described in section 1601, and that the complainant believes the property to be stored, kept, or concealed in any particular house or place, the magistrate, if he or she is satisfied that there is probable cause for the belief, shall issue a warrant to search for the property. The warrant shall be directed to the department, or an officer appointed by the department, or to any other peace officer. All wild birds, wild animals, fish, nets, boats, fishing or hunting appliances or apparatuses, or automobiles or other property of any kind seized by an officer shall be turned over to the department to be held by the department subject to the order of the court as provided in this part.

(2) For the purposes of this part, “probable cause” or “probable cause to believe” is present on the part of a peace officer if there are facts that would induce any fair-minded person of average intelligence and judgment to believe that a law or statute had been violated or was being violated contrary to any of the statutes or laws described in section 1601.

 

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 .

324.1603 Confiscation of seized property; jurisdiction; venue.

Sec. 1603.

(1) The following courts have jurisdiction to determine whether seized property shall be confiscated as provided in section 1604:

(a) The district court, if the property is seized within this state, other than in a city having a municipal court or in a village served by a municipal court, and if the property is not appraised by the officer seizing the property at more than $25,000.00 in value.

(b) A municipal court, if the property is seized in a city having a municipal court or in a village served by a municipal court and if the property is not appraised by the officer seizing the property at more than $1,500.00 in value or $3,000.00 in value if the city in which the municipal court is located has increased the jurisdictional amount under section 22 of the Michigan uniform municipal court act, 1956 PA 5, MCL 730.522.

(c) The circuit court, if the property is seized within this state and if the property exceeds the value specified in subdivision (a) or (b) as appraised by the officer seizing the property.

(2) If the circuit court has jurisdiction under subsection (1), the proceeding shall be commenced in the county in which the property is seized.

(3) If the district court has jurisdiction under subsection (1), venue for a proceeding shall be as follows:

(a) In the county in which the property is seized, if the property is seized in a district of the first class.

(b) In the district in which the property is seized, if the property is seized in a district of the second or third class.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;--Am. 1999, Act 13, Eff. June 1, 1999 .

324.1604. Condemnation and confiscation of seized property; complaint; order to show cause; notice; hearing; order relating to disposition of property

Sec. 1604. (1) The officer seizing the property shall file a verified complaint in the court having jurisdiction and venue over the seizure of the property pursuant to section 1603. [FN1] The complaint shall set forth the kind of property seized, the time and place of the seizure, the reasons for the seizure, and a demand for the property's condemnation and confiscation. Upon the filing of the complaint, an order shall be issued requiring the owner to show cause why the property should not be confiscated. The substance of the complaint shall be stated in the order. The order to show cause shall fix the time for service of the order and for the hearing on the proposed condemnation and confiscation.

(2) The order to show cause shall be served on the owner of the property as soon as possible, but not less than 7 days before the complaint is to be heard. The court, for cause shown, may hear the complaint on shorter notice. If the owner is not known or cannot be found, notice may be served in 1 or more of the following ways:

(a) By posting a copy of the order in 3 public places for 3 consecutive weeks in the county in which the seizure was made and by sending a copy of the order by registered mail to the last known address of the owner. If the last known address of the owner is not known, mailing a copy of the order is not required.

(b) By publishing a copy of the order in a newspaper once each week for 3 consecutive weeks in the county where the seizure was made and by sending a copy of the order by registered mail to the last known address of the owner. If the last known address of the owner is not known, mailing a copy of the order is not required.

(c) In such a manner as the court directs.

(3) Upon the hearing of the complaint, if the court determines that the property mentioned in the petition was caught, killed, possessed, shipped, or used contrary to law, either by the owner or by a person lawfully in possession of the property under an agreement with the owner, an order may be made condemning and confiscating the property and directing its sale or other disposal by the department, the proceeds from which shall be paid into the state treasury and credited to the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. [FN2] If the owner or person lawfully in possession of the property seized signs a property release, a court proceeding is not necessary. At the hearing, if the court determines that the property was not caught, killed, possessed, shipped, or used contrary to law, the court shall order the department to return the property immediately to its owner.

CREDIT(S)

P.A.1994, No. 451, § 1604, added by P.A.1995, No. 60, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006.

[FN1] M.C.L.A. § 324.1603.

[FN2] M.C.L.A. § 324.2010.

 

324.1605 Review or certiorari; procedure; bond.

Sec. 1605.

The proceedings for the condemnation and confiscation of any property under this part are subject to review or certiorari as provided in this part. A writ of certiorari may be issued within 10 days after final judgment and determination in any condemnation proceeding for the purpose of reviewing any error in the proceeding. Notice of the certiorari shall be served upon the department within 10 days after the date of issue, in the same manner as notice is required to be given of certiorari for reviewing judgments rendered by a justice of the peace, and the writ shall be issued and served and bond given and approved in the same manner as is required for reviewing judgments by justices of the peace.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 .

324.1606 Department and conservation officer or peace officer; powers and duties; beer; park and recreation officers; enforcement of rules, orders, and laws; powers, privileges, and immunities; arrest powers; issuance of civil infraction citation; appearances; “minor offense” defined.

Sec. 1606.

(1) The department and conservation officers appointed by the department are peace officers vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers by the general laws of this state; have the same power to serve criminal process as sheriffs; have the same right as sheriffs to require aid in executing process; and are entitled to the same fees as sheriffs in performing those duties.

(2) The department may commission park and recreation officers to enforce, on property regulated under part 741 or 781, rules promulgated by the department and orders issued by the department that are authorized in those rules, including, but not limited to, rules promulgated or orders issued under section 504, and any laws of this state specified in those rules as enforceable by commissioned park and recreation officers. In performing those enforcement activities, commissioned park and recreation officers are vested with the powers, privileges, prerogatives, and immunities conferred upon peace officers under the laws of this state. However, a park and recreation officer enforcing rules, orders, or laws described in this subsection on property regulated under part 781 may arrest an individual only for a minor offense committed in the officer's presence and shall issue an appearance ticket as provided in subsection (6).

(3) In addition to the limited arrest authority granted in subsection (2), on property regulated under part 741, a commissioned park and recreation officer may arrest an individual without a warrant if 1 or more of the following circumstances exist:

(a) In the presence of the park and recreation officer, the individual commits an assault or an assault and battery in violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a.

(b) The park and recreation officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the individual has committed it.

(c) The park and recreation officer has received affirmative written or verbal notice from a law enforcement officer or agency that a peace officer possesses a warrant for the individual's arrest.

(d) The person violates section 625(1), (3), or (6) or 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.626.

(e) The person violates part 741, 811, or 821 or section 80198b.

(f) The person violates section 11(7) or 19 of the personal watercraft safety act, 1998 PA 116, MCL 281.1411 and 281.1419.

(4) In addition to the limited arrest authority granted in subsection (2), on property regulated under part 781, a commissioned park and recreation officer may arrest an individual without a warrant for a minor offense listed in subsection (3) committed in the officer's presence and shall issue an appearance ticket as provided in subsection (6).

(5) A commissioned park and recreation officer under subsection (2) may issue a civil infraction citation to an individual who violates section 626b or 627 of the Michigan vehicle code, 1949 PA 300, MCL 257.626b and 257.627.

(6) If a conservation officer or a park and recreation officer commissioned under subsection (2) arrests a person without warrant for a minor offense committed in the officer's presence, instead of immediately bringing the person for arraignment by the court having jurisdiction, the officer may issue to and serve upon the person an appearance ticket as authorized by sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g. However, if a park and recreation officer commissioned under subsection (2) arrests a person without a warrant for a minor offense committed on property regulated under part 781 in the officer's presence, the park and recreation officer shall issue and serve upon the person such an appearance ticket.

(7) An appearance pursuant to an appearance ticket may be made in person, by representation, or by mail. If appearance is made by representation or mail, a district judge or a municipal judge may accept a plea of guilty and payment of a fine and costs on or before the definite court date indicated on the appearance ticket, or may accept a plea of not guilty for purposes of arraignment, both with the same effect as though the person personally appeared before the court. If appearance is made by representation or mail, a district court magistrate may accept a plea of guilty upon an appearance ticket and payment of a fine and costs on or before the definite court date indicated on the appearance ticket for those offenses within the magistrate's jurisdiction, as prescribed by section 8511 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8511, or may accept a plea of not guilty for purposes of arraignment, if authorized to do so by the judge of the district court district, with the same effect as though the person personally appeared before the court. The court, by giving not less than 5 days' notice of the date of appearance, may require appearance in person at the place designated in the appearance ticket.

(8) This section does not prevent the execution of a warrant for the arrest of the person as in other cases of misdemeanors if necessary.

(9) If a person fails to appear, the court, in addition to the fine assessed if the person is found guilty for the offense committed, may add to the fine and costs levied against the person additional costs incurred in compelling the appearance of the person, which additional costs shall be returned to the general fund of the unit of government incurring the costs.

(10) As used in this section, “minor offense” means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;--Am. 2000, Act 414, Eff. Mar. 28, 2001 .

324.1607 Volunteer conservation officers.

Sec. 1607.

(1) The department may appoint persons to function as volunteer conservation officers. A volunteer conservation officer shall be appointed to assist a conservation officer in the performance of the conservation officer's duties. While a volunteer conservation officer is assisting a conservation officer, the volunteer conservation officer has the same immunity from civil liability as a conservation officer, and shall be treated in the same manner as an officer or employee under section 8 of Act No. 170 of the Public Acts of 1964, being section 691.1408 of the Michigan Compiled Laws. The volunteer conservation officer shall not carry a firearm while functioning as a volunteer conservation officer.

(2) As used in this section, “volunteer” means a person who provides his or her service as a conservation officer without pay.

(3) To qualify as a volunteer conservation officer, a person shall meet all of the following qualifications:

(a) Have no felony convictions. In determining whether the person has a felony conviction, the person shall present documentation to the department that a criminal record check through the law enforcement information network has been conducted by a law enforcement agency.

(b) Have completed 10 hours of training conducted by the law enforcement division of the department.

(4) Upon compliance with subsection (3) and upon recommendation by the department, a person may be appointed as a volunteer conservation officer. An appointment shall be valid for 3 years. At the completion of the 3 years, the volunteer conservation officer shall comply with the requirements of this section in order to be reappointed as a volunteer conservation officer.

(5) A volunteer conservation officer's appointment is valid only if the volunteer conservation officer is on assignment with, and in the company of, a conservation officer.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 .

324.1608 Obstructing, resisting, or opposing officers as misdemeanor; penalty.

Sec. 1608.

A person who knowingly or willfully obstructs, resists, or opposes the department, an officer appointed by the department, or any other peace officer in the performance of the duties and execution of the powers prescribed in this part or in any statute or law, in making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant issued by lawful authority, or who obstructs, resists, opposes, assaults, beats, or wounds the department, any officer appointed by the department, or any other peace officer while the department or officer is lawfully making an arrest or search, lawfully serving or attempting to serve or execute any such process or warrant, or lawfully executing or attempting to execute or lawfully performing or attempting to perform any of the powers and duties provided for in the statutes or laws described in section 1601, is guilty of a misdemeanor, punishable as provided in section 479 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.479 of the Michigan Compiled Laws. In making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant, the department, any officer appointed by the department, or any other peace officer shall identify himself or herself by uniform, badge, insignia, or official credentials.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 .

 

324.1609. Judgment fee

Sec. 1609. In all prosecutions for violation of the law for the protection of game and fish, the sentencing court shall assess, as costs, the sum of $10.00, to be known as the judgment fee. When collected, the judgment fee shall be paid into the state treasury to the credit of the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. [FN1]

CREDIT(S)

P.A.1994, No. 451, § 1609, added by P.A.1995, No. 60, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006.

[FN1] M.C.L.A. § 324.2010.

 



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