Bill Text: MI HB4530 | 2013-2014 | 97th Legislature | Engrossed


Bill Title: Criminal procedure; other; appointment of counsel to indigent person charged with felony; modify. Amends sec. 16, ch. XV of 1927 PA 175 (MCL 775.16). TIE BAR WITH: HB 4529'13

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-09-12 - Referred To Committee On Judiciary [HB4530 Detail]

Download: Michigan-2013-HB4530-Engrossed.html

HB-4530, As Passed House, June 13, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4530

 

April 10, 2013, Introduced by Reps. McMillin, Lipton, Heise, Lyons, Haveman, Yonker, Muxlow, Walsh, Callton, Cavanagh, Roberts, Townsend, Darany, Irwin, Singh, Howrylak, Somerville, Dillon, Hovey-Wright, Brown, Ananich, Hobbs, Durhal, Switalski and Oakes and referred to the Committee on Criminal Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 16 of chapter XV (MCL 775.16), as amended by

 

1980 PA 506.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XV

 

     Sec. 16. When a person charged with having committed a felony

 

crime appears before a magistrate without counsel, and who has not

 

waived examination on the charge upon which the person appears, the

 

person shall be advised of his or her right to have counsel

 

appointed. for the examination. If the person states that he or she

 

is unable to procure counsel, the magistrate shall notify the chief

 

judge of the circuit court in the judicial district in which the

 

offense is alleged to have occurred, or the chief judge of the

 

recorder's court of the city of Detroit if the offense is alleged


 

to have occurred in the city of Detroit. Upon proper showing, the

 

chief judge shall appoint or direct the magistrate to appoint an

 

attorney to conduct the accused's examination and to conduct the

 

accused's defense. The attorney appointed by the court shall be

 

entitled to receive from the county treasurer, on the certificate

 

of the chief judge that the services have been rendered, the amount

 

which the chief judge considers to be reasonable compensation for

 

the services performed.appoint counsel, if the person is eligible

 

for appointed counsel under the Michigan indigent defense

 

commission act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4529(request no.

 

00723'13) of the 97th Legislature is enacted into law.

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