MICHIGAN STATE POLICE

MCL ch. 28, subtit. Act 59 of 1935

in effect

MCL 28.1 Michigan state police; definitions.

28.1. Michigan state police; definitions. Sec. 1. As employed in this act, the following words or terms shall be understood to mean: (a) The word "commissioner" shall mean commissioner or commanding officer of the Michigan state police. (b) "Acting commissioner" shall mean the acting commissioner or commanding officer of the Michigan state police. (c) "Officer" shall mean any member of the Michigan state police executing the constitutional oath of office. (d) "Civilian employe" shall mean any employe not executing the constitutional oath of office. (e) "Members,""members of the department," or "members of said department" shall mean any employe of said department whether an officer or a civilian employe. (f) "Department" shall mean the "Michigan state police." 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.1

MCL 28.2 Michigan state police; creation; director, appointment, salary, oath of office, location of department.

28.2. Michigan state police; creation; director, appointment, salary, oath of office, location of department. Sec. 2. There is created a department of the state government which shall be known and designated as the Michigan state police, which shall consist of a director as its executive head, and of such officers and employees as may be appointed or employed in such department. The director shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office during good behavior. The salary of the director shall be such as shall be appropriated by the legislature. The director shall execute the constitutional oath of office. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.2; Am. 1952, Act 253, Eff. Sept. 18, 1952; Am. 1967, Act 68, Eff. Mar. 22, 1968

MCL 28.3 Acting commissioner; designation, compensation, length of service.

28.3. Acting commissioner; designation, compensation, length of service. Sec. 3. The commissioner may appoint or designate 3 officers from among the 10 highest ranking commissioned officers of the department to serve in the order of precedence, as named, as acting commissioner in his absence from the aforesaid office, during his illness and/or during his disability for any reason to perform his duties: Provided, however, That any such officer so acting shall receive no additional compensation by virtue thereof. An officer appointed or designated or serving as acting commissioner may be relieved from such appointment or designation or service at the will of the commissioner. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.3

MCL 28.4 Uniformed personnel and detective personnel; organization; highway patrol; classification of department members as officers and civilian employees; qualifications of officers; oath of office; hearing; dismissal.

28.4. Uniformed personnel and detective personnel; organization; highway patrol; classification of department members as officers and civilian employees; qualifications of officers; oath of office; hearing; dismissal. Sec. 4. (1) The department shall consist of uniformed personnel and detective personnel, organized in divisions, bureaus, or branches as established by law or by the director in his or her discretion. (2) The director shall establish a highway patrol consisting of not fewer than 100 members. (3) The director shall appoint and employ all members of the department, who shall be classified as officers and civilian employees. (4) All persons appointed as officers shall be at the time of their appointment not less than 21 years of age, shall be of sound mind and body, shall be of good moral character, shall be citizens of the United States and residents of the state of Michigan, and shall possess such educational qualifications as the director may from time to time prescribe. All persons appointed as officers shall execute the constitutional oath of office before entering upon their duties. (5) An officer shall not be dismissed until a due hearing on his or her removal is held as provided in this act, unless a reduction in expenditures is required due to insufficient funds, in which case the officer or officers junior in point of service shall be dismissed. A civilian employee may not be dismissed without a due hearing on his or her removal, unless a reduction in expenditures is required due to insufficient funds. 1935, Act 59, Imd. Eff. May 17, 1935; Am. 1941, Act 115, Imd. Eff. May 21, 1941; CL 1948, 28.4; Am. 2009, Act 180, Imd. Eff. Dec. 15, 2009

MCL 28.5 Repealed. 2006, Act 190, Imd. Eff. June 19, 2006.

MCL 28.5a Disposal of firearms.

28.5a. Disposal of firearms. Sec. 5a. (1) Beginning on the effective date of the amendatory act that added this section, the department shall dispose of all firearms that are purchased by a municipality under a gun buyback program and turned over to the department. (2) The department shall dispose of all firearms described under subsection (1) by destroying the firearms. The department shall ensure that all parts of the firearms disposed under subsection (1) are destroyed. The department shall not resell any firearm described under subsection (1). (3) As used in this section, "firearm" means any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive. Add. 2024, Act 265, Eff. Apr. 2, 2025

MCL 28.6 Commissioner and officers; powers and duties generally.

28.6. Commissioner and officers; powers and duties generally. Sec. 6. (1) The commissioner and each officer of the department are vested with the powers of a conservator of the peace. They may also apply to any judicial officer of the state for the issuance of search warrants, warrants of arrest or any other criminal process, or orders necessary when the institution of criminal proceedings for the discovery or punishment of a felony or a misdemeanor of any degree is ordered in writing by the attorney general in any case where the proper prosecuting attorney fails or refuses to act or give his or her approval. The commissioner and each officer of the department have all the immunities and matters of defense available to conservators of the peace or sheriffs, or both, in any action brought against them by virtue of acts done in the course of their employment. (2) Any member of the department may serve and execute all criminal and civil process, when directed to do so by the governor or the attorney general, in actions and matters in which the state is a party. The commissioner and the department are under the immediate control and direction of the governor, and any member of the department may be employed by the attorney general in any investigation or matter under the jurisdiction of his or her department. (3) The commissioner may, upon the order of the governor, call upon any sheriff or other police officer of any county, city, township, or village, within the limits of their respective jurisdictions, for aid and assistance in the performance of any duty imposed by this act. Upon being notified or called upon for aid and assistance, the officer concerned shall comply with the order to the extent requested. Refusal or neglect to comply with the order is misfeasance in office, and shall subject the officer refusing or neglecting to comply with the order to removal from office. (4) The commissioner shall formulate and put into effect plans and means of cooperating with the local police and peace officers throughout the state for the purpose of the prevention and discovery of crimes and the apprehension of criminals. Local police and peace officers shall cooperate with the commissioner in those plans and means. Every telegraph and telephone company operating within this state shall grant priority of service to the police agencies and to the state police when notified that the service is urgent and in the interests of the public safety. (5) The commissioner and all officers of the department have all the powers of deputy sheriffs in the execution of the criminal laws of the state and of all laws for the discovery and prevention of crime, and have authority to make arrests without warrants for all violations of the law committed in their presence, including laws designed for the protection of the public in the use of the highways of the state, and to serve and execute all criminal process. The commissioner and all officers of the department also have the authority to exercise the powers of deputy sheriffs in the execution of civil bench warrants issued by a circuit court pursuant to any domestic relations matter and to serve a personal protection order or arrest an individual who is violating or has violated a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a. The commissioner and all officers of the department shall cooperate with other state authorities and local authorities in detecting crime, apprehending criminals, and preserving law and order throughout the state. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.6; Am. 1989, Act 10, Imd. Eff. May 3, 1989; Am. 2000, Act 83, Eff. July 1, 2000

MCL 28.6a Conservation officers; appointment by commissioner as state police officers.

28.6a. Conservation officers; appointment by commissioner as state police officers. Sec. 6a. The commissioner is hereby authorized, with the approval of the director of conservation and the governor, to appoint any conservation officer as a special state police officer, who shall be vested with the powers of an officer of the state police, and who shall in his capacity as special state police officer be under the direction of the commissioner. Add. 1942, 1st Ex. Sess., Act 4, Imd. Eff. Jan. 28, 1942; CL 1948, 28.6a

MCL 28.6b Repealed. 2000, Act 197, Imd. Eff. June 22, 2000.

MCL 28.6c Limited arrest powers for certain security personnel; authorization; exercise; rescission; firearms; exclusion of security personnel from pension, accident, and disability plan.

28.6c. Limited arrest powers for certain security personnel; authorization; exercise; rescission; firearms; exclusion of security personnel from pension, accident, and disability plan. Sec. 6c. (1) The director may authorize, in writing, on forms prescribed by the director or his or her designee, limited arrest powers for security personnel employed by the state for the protection of state owned or leased property and facilities. Limited arrest authority may be exercised only when the security employee is on a tour of duty as prescribed by the director upon state owned or leased property and the person is identified by a uniform as a state security employee. Limited arrest power is automatically rescinded on termination of employment with this state. The director may authorize security employees to carry a firearm while on duty. (2) A security employee granted limited arrest authority under this section is not entitled by reason of employment to become a member of a state police pension, accident, and disability plan established under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1675, or other similar departmental program. Add. 1976, Act 65, Imd. Eff. Mar. 31, 1976; Am. 2018, Act 5, Eff. Apr. 26, 2018; Am. 2018, Act 675, Imd. Eff. Dec. 28, 2018

MCL 28.6d Motor carrier enforcement; appointment of officers with limited arrest powers; firearms; circumstances permitting arrest without warrant; officer not entitled to membership in state police pension, accident, and disability plan or similar program.

28.6d. Motor carrier enforcement; appointment of officers with limited arrest powers; firearms; circumstances permitting arrest without warrant; officer not entitled to membership in state police pension, accident, and disability plan or similar program. Sec. 6d. (1) The director may appoint officers with limited arrest powers for motor carrier enforcement. Such officers shall be officers of the motor carrier enforcement division of the department and shall have all powers conferred upon peace officers for the purpose of enforcing the general laws of this state as they pertain to commercial vehicles. The director may authorize officers of the motor carrier enforcement division to carry a firearm. (2) In addition to the limited arrest authority granted in subsection (1), an officer of the motor carrier enforcement division, while on duty, may arrest a person without a warrant, if 1 or more of the following circumstances exist: (a) The person commits an assault or an assault and battery punishable under section 81 or 81a of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.81 and 750.81a of the Michigan Compiled Laws, against the officer or against another person in the presence of the officer. (b) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person committed it. (c) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source, that a peace officer holds a warrant for the person's arrest. (d) The person commits a civil infraction or misdemeanor in violation of 1 or more of the following sections of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949: (i) Section 625 or 625b, being sections 257.625 and 257.625b of the Michigan Compiled Laws. (ii) Sections 716 to 726, being sections 257.716 to 257.726 of the Michigan Compiled Laws. (e) The person commits a misdemeanor or felony in violation of chapter LVI of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.377 to 750.394 of the Michigan Compiled Laws. (3) An officer appointed by authority of this section shall not be entitled by reason of employment to become a member of the state police pension, accident, and disability plan established by Act No. 251 of the Public Acts of 1935, being sections 28.101 to 28.110 of the Michigan Compiled Laws, or other similar department program. Add. 1982, Act 531, Imd. Eff. Dec. 31, 1982

MCL 28.6e Law enforcement officer of Michigan Indian tribal police force; appointment; compensation; participation in pension or insurance plan; definitions.

28.6e. Law enforcement officer of Michigan Indian tribal police force; appointment; compensation; participation in pension or insurance plan; definitions. Sec. 6e. (1) The director may appoint a law enforcement officer of a Michigan Indian tribal police force to act as a police officer for a Michigan Indian tribe upon Indian country of the tribe. (2) The department of state police and the director are not liable for the acts of a law enforcement officer of a Michigan Indian tribal police force who is appointed under this section. (3) The Michigan Indian tribe to which the law enforcement officer of a Michigan Indian tribal police force is appointed shall pay compensation to the officer. (4) A law enforcement officer of a Michigan Indian tribal police force appointed under this section is not eligible to participate in any state pension, disability, or life insurance plan or any hospitalization or other medical insurance plan of the department solely on the basis of his or her employment under this section. (5) As used in this section: (a) "Law enforcement officer of a Michigan Indian tribal police force" means a regularly employed member of a police force of a Michigan Indian tribe who is appointed pursuant to 25 C.F.R. 12.100 to 12.103. (b) "Michigan Indian tribe" means a federally recognized Indian tribe that has trust lands located within this state. (c) "Indian country" means all of the following: (i) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation. (ii) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory of the dependent Indian community, and whether within or without the limits of a state. (iii) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way. Add. 1995, Act 203, Imd. Eff. Nov. 29, 1995

MCL 28.7 Duties of director.

28.7. Duties of director. Sec. 7. The director shall provide the officers of the department with suitable uniforms, arms, equipment, quarters, and other articles necessary, and also the expense and means of travel and boarding them, if necessary. The director shall establish and maintain local headquarters in various places, and may do so by agreement, lease, or otherwise, so as to best establish the department throughout the various sections of the state where it will be most efficient in carrying out the purpose of this act, to preserve peace and prevent crime. The director shall fix the location of the various units of the department, prescribe the uniforms and equipment of all members of the department, the character of the training and discipline, and the general policy in respect to the use and employment of all members of the department. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.7; Am. 1976, Act 7, Imd. Eff. Feb. 11, 1976

MCL 28.7a Repealed. 1964, Act 256, Eff. Aug. 28, 1964.

MCL 28.7b Quarters and boarding.

28.7b. Quarters and boarding. Sec. 7b. A person enlisting in the department after the effective date of this amendatory act shall not be furnished quarters and boarding on a permanent basis. Add. 1976, Act 7, Imd. Eff. Feb. 11, 1976

MCL 28.8 Officers; grades; powers and duties; transportation of officers and civilian employees.

28.8. Officers; grades; powers and duties; transportation of officers and civilian employees. Sec. 8. The grades and duties of the officers of the department are colonel, lieutenant colonel, major, captain, inspector, lieutenant, sergeant, trooper, and recruit. The officers may carry arms either openly or concealed. Every member of the department is subject to orders at any time, and the officers of the department at all times have the authority to apprehend criminals and preserve law and order. When traveling on duty, officers and civilian employees of the department are entitled to transportation on any railroad, passenger steamboat line, airline, or passenger bus line upon presentation of a requisition for the transportation signed by the director of the department and those carriers are entitled to compensation for transportation furnished out of money appropriated for the department. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.8; Am. 1976, Act 7, Imd. Eff. Feb. 11, 1976; Am. 2016, Act 12, Eff. May 16, 2016

MCL 28.9 Rules and regulations of department adopted by commissioner.

28.9. Rules and regulations of department adopted by commissioner. Sec. 9. The commissioner shall make and adopt rules and regulations for the direction, control, discipline and conduct of the members of said department, for promotion on the basis of seniority of service, qualifications being equal, of the officers of the department, for the filing and hearing of charges against such officers and he may make any other rules and regulations for the governing and operation of said department as shall appear to him reasonably necessary to carry out the purposes of this act. He may require any officer or employe, who may receive and/or disburse public funds in the course of his duties, to file a bond conditioned that he will honestly, correctly, and according to law receive, disburse, pay over and/or account for all public moneys coming into his hands, such bond to be approved as to form, amount and surety by the attorney general. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.9

MCL 28.10 Repealed. 2002, Act 324, Imd. Eff. May 23, 2002.

MCL 28.11 Repealed. 1952, Act 253, Eff. Sept. 18, 1952.

MCL 28.12 Trial board; members, powers; powers of commissioner as presiding officer.

28.12. Trial board; members, powers; powers of commissioner as presiding officer. Sec. 12. A trial board to hear charges against officers of the department consisting of the commissioner and 3 officers from among the 10 commissioned officers of the department, senior in service, shall be appointed by the commissioner. The commissioner shall be the presiding officer thereof and make all necessary rulings during the course of any hearing. He shall also make rules and regulations for the filing of verified written charges against an accused officer, for a due hearing thereon upon not less than 10 days notice and for an opportunity to the officer to produce proof in his defense. Such hearing may be held at any place designated by the commissioner. The commissioner or the officer acting in his stead as presiding officer of the trial board is empowered to issue subpoenas to compel the attendance of witnesses and the production of evidence in support of charges, and shall issue subpoenas for witnesses for the defense and shall on his own motion if he have knowledge or be informed of other persons having knowledge of the matters charged compel their attendance at the hearing by subpoena. Persons summoned as witnesses before the trial board shall be entitled to witness fees and mileage for traveling, as provided by law for witnesses in courts of record in the county in which the hearing is held, and failure or refusal to obey any such subpoena shall be brought to the attention of the circuit court of the county wherein the hearing is held, and shall be punished by said court as a contempt. Upon written order of the commissioner, any officer appointed or designated to act in his absence as acting commissioner may sit in his place and stead as presiding officer of said trial board. If the charges be proved the trial board shall make a finding of guilty and recommend either removal of the officer or such disciplinary punishment as prescribed by the rules and regulations which, in their opinion, the offense merits; thereupon the commissioner shall direct such removal or punishment. If any officer refuses to abide by any such disciplinary order, the commissioner may by order remove him forthwith. Nothing herein contained shall require a hearing before said board before disciplinary measures may be taken by the commissioner or any commanding officer of a detachment or unit for the punishment of minor infractions of the rules and regulations of the department. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.12

MCL 28.12a Injury to person or property caused by negligent operation of motor vehicle by state police officer or employee; reimbursement.

28.12a. Injury to person or property caused by negligent operation of motor vehicle by state police officer or employee; reimbursement. Sec. 12a. In case of injury to any person, or property damage, or both, caused by the negligent operation of a motor vehicle belonging to the department of state police by an officer or employee of the department of state police, a complaint may be filed with the director of the department of state police. An investigation into the accident shall be made as provided in the rules of the department of state police. If that investigation discloses that the accident was due to the negligence of that officer or employee of the department of state police, and was not due to the negligence of any other person, a report of the investigation shall be filed in the office of the director of the department of state police. After examination of the report and, if in the opinion of the director, reimbursement for the injury to, or property damage, or both, is a proper claim, and if the claim does not exceed $200.00, the director shall make recommendation for payment, payable from the appropriation to the department of state police, and shall submit the claim and recommendation to the state administrative board. Notwithstanding any provision of law to the contrary, if the claim and recommendation are approved by the state administrative board, the claim shall be paid. Add. 1943, Act 181, Eff. July 30, 1943; CL 1948, 28.12a; Am. 2002, Act 371, Imd. Eff. May 24, 2002

MCL 28.13 Incumbents; continuation; construction of act.

28.13. Incumbents; continuation; construction of act. Sec. 13. Until the governor shall appoint a commissioner as herein provided, the present commissioner of the department of public safety shall continue in office as such commissioner. Nothing herein contained shall be deemed to terminate any commission, appointment, or employment heretofore existing under the provisions of acts hereinafter repealed. All matters and orders pending before or made by any officer or department transferred under this act to the department of Michigan state police shall be deemed to be continued with like status in such department of Michigan state police. All existing appropriations for the support and maintenance of any office, department, division, bureau, or branch, transferred under this act, or for the performance of any duties, so transferred to the said department of Michigan state police, are hereby transferred to said department for the support and maintenance of the department of the Michigan state police. Whenever reference is made in any law to the "commissioner of public safety" or to the "department of public safety" such reference shall be construed to mean, respectively, the commissioner of the Michigan state police and department of Michigan state police herein provided for. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.13

MCL 28.14 Disposition of fees.

28.14. Disposition of fees. Sec. 14. All fees or other moneys received by said Michigan state police shall be forwarded to the state treasurer each month and shall by said treasurer be deposited in the state treasury to be disbursed in such manner and for such purposes as may be provided by law. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.14

MCL 28.15 Biennial report of commissioner to governor.

28.15. Biennial report of commissioner to governor. Sec. 15. On or before the first day of January of each year in which a regular session of the legislature is held, the commissioner shall make and file with the governor a report covering the preceding biennial period, covering the activities of the department and the receipts and disbursements made thereby. Said report shall be accompanied by the recommendations of the commissioner with reference to such changes in the laws applying to or affecting the department as the said commissioner may deem expedient. All salaries and expenses hereby authorized shall be paid in the same manner as the salaries and expenses of other state officers and employes are paid. 1935, Act 59, Imd. Eff. May 17, 1935; CL 1948, 28.15

MCL 28.16 Firearms safety program; public service announcements; “weapon free school zones” defined; availability of program and public service announcements.

28.16. Firearms safety program; public service announcements; “weapon free school zones” defined; availability of program and public service announcements. Sec. 16. (1) The department shall establish and maintain a firearms safety program to educate children about the dangerous nature and safe handling of firearms. The department shall make the program available to local school districts. (2) The department shall produce or arrange for the production of public service announcements to educate the public about the need to keep firearms and other weapons securely stored so that they are not accessible to children and the need to operate or use firearms or other weapons in a safe and lawful manner. (3) The department shall produce or arrange for the production of public service announcements to educate the public about weapon free school zones. As used in this subsection, "weapon free school zone" means that term as defined in section 237a of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.237a of the Michigan Compiled Laws. (4) The department shall make the public service announcements described in subsections (2) and (3) available to television and radio stations throughout this state. Add. 1993, Act 321, Eff. Apr. 1, 1994

Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%2028.xmlFetched: 10/20/2026