Michigan Fugitive Recovery Agents - Warning

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 216a (MCL 750.216a), as added by 1985 PA 78,
and by adding section 216b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 216a. (1) A person shall not sell, furnish, or possess,
wear, exhibit, display, or use the badge, patch, or uniform, or
facsimile of the badge, patch, or uniform, of any law enforcement
agency unless any of the following occur apply:

(a) The person receiving or possessing the badge, patch,
uniform, or facsimile is authorized to receive or possess the
badge, patch, uniform, or facsimile by the chief officer of the law
enforcement agency.


Senate Bill No. 444 as amended September 29, 2005


(b) The person receiving or possessing the badge, patch,
uniform, or facsimile is a member of the law enforcement agency.

(c) The badge is a retirement badge and is in the possession
of the retired law enforcement officer.

(d) The badge, patch, or uniform is the badge, patch, or
uniform of a deceased law enforcement officer and is in the
possession of his or her spouse, child, or next of kin.

(e) The person receiving, or possessing, exhibiting,
displaying, or using the badge, patch, uniform, or facsimile is a
collector of badges, patches, uniforms, or facsimiles. The A
badge, patch, uniform, or facsimile possessed as part of a
collection shall be transported in a container or display case
when being transported.

(f) The person is in the theatrical profession and wears the
badge, patch, uniform, or facsimile while actually engaged in
following that profession.

(2) A person who violates this section is guilty of a
misdemeanor , punishable by imprisonment for not more than 93
days or a fine of not more than $100.00 $500.00, or both.

(3) As used in this section and section 216b, "facsimile"
includes both an exact replica of an existing item and a close
imitation of an existing item.

(4) This section does not apply to a person appointed by a court of this state to serve as a bailiff or court officer under section 8321 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8321, or under MCR 3.106 or MCR 2.103.

Sec. 216b. (1) A person, other than a peace officer, shall not
wear or display the emblem, insignia, logo, service mark, or other law enforcement identification of any law enforcement agency, or a facsimile of any of those items, if either of the following applies:

(a) The person represents himself or herself to another person
Senate Bill No. 444 as amended September 29, 2005 as being a peace officer. As used in this subdivision, "peace officer" means that term as defined in section 215.

(b) The wearing or display occurs in a manner that would lead
a reasonable person to falsely believe that the law enforcement agency whose emblem, insignia, logo, service mark, or other law enforcement identification or facsimile is being worn or displayed is promoting or endorsing a commercial service or product or a charitable endeavor.

(2) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.

(3) As used in this section, "law enforcement identification" means any identification that contains the words "law enforcement"
or similar words, including, but not limited to, "agent", "enforcement agent", "detective", "task force", "fugitive recovery agent", or any other combination of names that gives the impression that the bearer is any way connected with the federal government, state government, or any political subdivision of a state government.

(4) This section does not apply to a person appointed by a court of this state to serve as a bailiff or court officer under section 8321 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8321, or under MCR 3.106 or MCR 2.103.

_________________
Michigan licensed Bail Agent

The law is very similar to the statute we live with down here in Florida. I see this law violated more often than any other law we have governing us. Badges, we don't need no stinking badges.

Even here in Arkansas we have not been able to have anything (Badges, Lettering, Patches etc.) of any kind saying anything with BEA, FRA, Bounty Hunter etc. The one exception is we can have a jacket with letters saying Bail Bondsman when doing an apprehension.

I personally think that law stinks, how are we supposed to indentify ourselfs. Not everybody is a bondsman.

_________________
Michigan licensed Bail Agent

There is the question I have asked many times in the past. I just tell people what I am doing and continue to do my business whether they like it or not. When asked for ID I produce my P.I. License ID Card and do my work. I usually announce myself as a Private Investigator looking for a Fugitive. If you are not a P.I. well........ It gets even tougher but just let them know you are looking for a fugitive is the best you can do.

I believe this law should be and probably will be challenged in the very near future.

I understand thier intent, but once again the intent is lost in translation to verbage and definition. Inadvertently they now have banned the term "agent" completely from anyone's use...realtors, insurance, sports people, and any other profession where it has been legitimately and legally used.

Secondly, the law can be challenged via T vs T because it uses the verbage "Agent and agents" in its decision.

Just my 2 cents worth.

_________________
River City Associates
Decatur, Al. 35601

All I have to say to you in Michagan, Is don't get caught wearing your badge in the State of Michiagn!!!!!

How's the hunt in Michiagn???



Steve Faircloth
Faircloth's Fugitive Recovery Agencies
Ohio-Michigan
NSIN#SF0105
(586) 822-4706 Office
(614) 834-8193 Fax

Possible titles:

Bail Bond Tracker

Missing Person's Locator

Bail Bond Retrieval Expert

Surety Retrieval Expert

Surety Risk Management

Surety Loss Prevention Team

Bail Bonds Risk Management Team

Bail Bonds Loss Prevention Team

This also means that all rent-a-cop companies, retail store companies that issue police-style badges to in-house store detectives, armoured car personnel, etc all of them are now in violation of this statute. The law makers went to far...again.

_________________
River City Associates
Decatur, Al. 35601

Does anyone really know why Michigan is getting tough on people like BEA's, Fugitive recovery agents and bail bondsman? I think it is because people think that they wear a badge that has BEA Agent or Fugitive Recovery Agent on it, That there better then police there selve. They are the people that give people like us a very bad name!!! If you got a guy that goes out with a attitude like Cowboy Bob with a attitude that he his better then anyone eles and that he can just bully people at there own homes and then think those people are going to give them information they want. THINK AGAIN!!! The home owner will then make a complaint with the senator in their district. After so many complaint's then someone will have to do something about it.


Steve Faircloth
Faircloth's Fugitive Recovery Agenices
NSIN# SF0105
(586) 822-4706

sorry, I know it's an old topic, but does anyone know if this went thru?

_________________
Jeff B
Westland, MI
810-459-3556
I do ccw/cpl classes, and love to train. I would appreciate the opportunity to get some experience in his field, so if anyone can use any free help, I'm used to working in high risk and high liability situations.