Bill Text: MI HB5246 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; warrants; use of electronic video equipment for issuance of warrants; allow for law enforcement officials. Amends sec. 1, ch. IV of 1927 PA 175 (MCL 764.1).
Spectrum: Moderate Partisan Bill (Republican 21-4)
Status: (Introduced - Dead) 2014-09-18 - Referred To Committee Of The Whole [HB5246 Detail]
Download: Michigan-2013-HB5246-Engrossed.html
HB-5246, As Passed House, June 3, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5246
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter IV (MCL 764.1), as amended by 2004
PA 318.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 1. (1) For the apprehension of persons charged with a
felony, misdemeanor, or ordinance violation, a magistrate may issue
processes to implement this chapter, except that a magistrate shall
not issue a warrant for other than a minor offense unless an
authorization in writing allowing the issuance of the warrant is
filed with the magistrate and, except as otherwise provided in this
act, the authorization is signed by the prosecuting attorney, or
unless security for costs is filed with the magistrate.
(2) A magistrate shall not issue a warrant for a minor offense
unless an authorization in writing allowing the issuance of the
warrant is filed with the magistrate and signed by the prosecuting
attorney, or unless security for costs is filed with the
magistrate, except if the warrant is requested by any of the
following officials for the following offenses:
(a) Agents of the state transportation department, a county
road commission, or the public service commission for violations of
the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43, or the
motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to
480.22,
480.25, the enforcement of which has been delegated to
them.
(b) The director of the department of natural resources, or a
special assistant or conservation officer appointed by the director
of the department of natural resources and declared by statute to
be a peace officer, for a violation of a law that provides for the
protection of wild game or fish.
(3) A complaint for an arrest warrant may be made by any
electronic or electromagnetic means of communication, if all of the
following occur:
(a) The prosecuting attorney authorizes the issuance of the
warrant. Authorization may consist of an electronically or
electromagnetically transmitted facsimile of the signed
authorization.
(b) The judge or district court magistrate orally administers
the oath or affirmation to an applicant for an arrest warrant, in
person or by any electronic or electromagnetic means of
communication, who submits a complaint under this subsection.
House Bill No. 5246 (H-2) as amended June 3, 2014
(c) The applicant signs the complaint. Proof that the
applicant has signed the complaint may consist of an electronically
or electromagnetically transmitted facsimile of the signed
complaint.
(4) The person or department receiving an electronically or
electromagnetically issued arrest warrant shall receive proof that
the issuing judge or district court magistrate has signed the
warrant before the warrant is executed. Proof that the issuing
judge or district court magistrate has signed the warrant may
consist of an electronically or electromagnetically transmitted
facsimile of the signed warrant.
[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]
