Bill Text: MI HB4184 | 2021-2022 | 101st Legislature | Chaptered
Bill Title: Courts: district court; authority of district court magistrate; expand. Amends sec. 8512 of 1961 PA 236 (MCL 600.8512).
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2022-12-08 - Assigned Pa 242'22 [HB4184 Detail]
Download: Michigan-2021-HB4184-Chaptered.html
Act No. 242
Public Acts of 2022
Approved by the Governor
December 22, 2022
Filed with the Secretary of State
December 22, 2022
EFFECTIVE DATE: Sine Die
state of michigan
101st Legislature
Regular session of 2022
Introduced by Reps. O’Neal, Brixie, Thanedar, Liberati, Ellison, Brenda Carter, Aiyash, Hope, Sowerby, Tyrone Carter, Steckloff, Cavanagh, Hood, Coleman, Stone, Garza, Koleszar, Yancey and Rabhi
ENROLLED HOUSE BILL No. 4184
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8512 (MCL 600.8512), as amended by 2014 PA 384.
The People of the State of Michigan enact:
Sec. 8512. (1) A district court magistrate may hear, preside over, and conduct any of the following in civil infraction actions under section 746 of the Michigan vehicle code, 1949 PA 300, MCL 257.746, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, or section 8719 or 8819 of this act, or in civil fine actions under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, as applicable:
(a) Admissions.
(b) Admissions with explanation.
(c) Motions to set aside default or withdraw admissions.
(d) Informal hearings.
(2) In exercising the authority conferred under subsection (1), a district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law. If a defendant is determined to be responsible for a civil infraction, or, under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, a civil fine, the district court magistrate may impose the civil sanctions authorized by section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, or section 8827 of this act, as applicable.
(3)
A district court magistrate shall not conduct an informal hearing in a
civil infraction action involving a traffic or parking violation governed by
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he or she
has successfully completed a special training course in traffic law
adjudication and sanctions. The course must be
given periodically by the state court administrator.
(4) A district court magistrate may exercise the authority conferred by this section only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
