Text of MI HB 5495 (2026)
Criminal procedure: search and seizure; protections against unlawful search and seizure; provide for. Amends sec. 15d, ch. IV of 1927 PA 175 (MCL 764.15d) & adds sec. 1h to ch. IV.
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As introduced
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HOUSE BILL NO. 5495
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 15d of chapter IV (MCL 764.15d), as
amended by 1999 PA 64, and by adding section 1h to chapter IV.
the people of the state of michigan enact:
CHAPTER IV
Sec. 1h. (1) A
law enforcement officer shall not stop, detain, or arrest an individual based
solely on 1 or any combination of an individual's personal characteristics.
(2) A law enforcement officer shall not enter a dwelling based on a
federal agency administrative warrant.
(3) As used in this section:
(a) "Immigrant" means an individual residing in the United
States who is not a United States citizen, United States national, or person
admitted under a nonimmigrant alien as that term is defined by the 8 USC 1101.
(b) "Law enforcement officer" means any of the following:
(i) A law
enforcement officer as that term is defined in section 2 the Michigan
commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(ii) An officer
or agent employed by a law enforcement agency of the United States government
whose primary responsibility is the enforcement of laws of the United States.
(c) "Personal characteristics" means any of the following:
(i) Apparent race
or ethnicity.
(ii) Language spoken
or understood or speaking English with an accent.
(iii) Presence at a
location where immigrants are known to gather.
(iv) Employment in a
specific industry known to hire immigrants.
(v) Domicile is a
known home of an immigrant.
(vi) Religious
affiliation or symbols.
(vii) Perceived
sexual orientation or gender identity.
(viii) Perceived
political affiliations or opinions.
Sec.
15d. (1) A federal law enforcement officer may enforce state law to the same
extent as a state or local officer only if all of the following conditions are
met:
(a) The officer is
authorized under federal law to arrest a person, with or without a warrant, for
a violation of a federal statute.
(b) The officer is
authorized by federal law to carry a firearm in the performance of his or her the officer's duties.
(c) The officer is not in violation of section 1h.
(d) (c) One
or more of the following apply:
(i) The officer possesses a state warrant
for the arrest of the person for the commission of a felony.
(ii) The officer has received positive
information from an authoritative source, in writing or by telegraph,
telephone, teletype, radio, computer, or other means, that another federal law
enforcement officer or a peace officer possesses a state warrant for the arrest
of the person for the commission of a felony.
(iii) The officer is participating in a joint
investigation conducted by a federal agency and a state or local law
enforcement agency.
(iv) The officer is acting pursuant to the
request of a state or local law enforcement officer or agency.
(v) The officer is responding to an
emergency.
(2) Except as
otherwise provided in subsection (3), a federal law enforcement officer who
meets the requirements of subsection (1) has the privileges and immunities of a
peace officer of this state.
(3) This section
does not impose liability upon or require indemnification by the state or a
local unit of government for an act performed by a federal law enforcement
officer under this section.
(4) As used in this
section:
(a)
"Emergency" means a sudden or unexpected circumstance that requires
immediate action to protect the health, safety, welfare, or property of an
individual from actual or threatened harm or from an unlawful act.
(b) "Local
unit of government" means a county, city, village, or township.