§ 26-31. Display of emblem or other identification of law enforcement agency.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Facsimile means and includes both an exact replica of an existing item and a close imitation of an existing item.

Law enforcement identification means any identification that contains the term "law enforcement" or similar terms, including, but not limited to, the terms "agent," "enforcement agent," "detective," "task force," "fugitive recovery agent," or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, the term "law enforcement identification" does not include "bail agent" or "bondsman" when used by a bail agent or bondsman operating in accordance with MCL 750.167b.

Peace officer means any of the following:

(1)

A sheriff or deputy sheriff of a county of this state or another state;

(2)

An officer of the police department of a city, village, or township of this state or another state;

(3)

A marshal of a city, village, or township;

(4)

A constable;

(5)

An officer of the state police;

(6)

A conservation officer;

(7)

A security employee employed by the state pursuant to section 6c of Public Act No. 59 of 1935 (MCL 28.6c);

(8)

A motor carrier officer appointed pursuant to section 6d of Public Act No. 59 of 1935 (MCL 28.6d);

(9)

A police officer or public safety officer of a community college, college, or university who is authorized by the governing board of that community college, college, or university to enforce state law and the rules and ordinances of that community college, college, or university;

(10)

A park and recreation officer commissioned pursuant to section 1606 of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.1606);

(11)

A state forest officer commissioned pursuant to section 83107 of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.83107);

(12)

A federal law enforcement officer;

(13)

An investigator of the state department of attorney general.

(b)

No person, other than a peace officer, shall 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:

(1)

The person represents himself to another person as being a peace officer.

(2)

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.

(c)

A charge under or a conviction or punishment for a violation of this section does not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same transaction.

(d)

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, Public Act No. 236 of 1961 (MCL 600.8321), or under MCR 3.106 or MCR 2.103.

(Ord. No. 2006-16, § 1(6(14-524)), 10-9-2007)

State law reference

Similar provisions, MCL 750.216b.