Bill Text: MI HB4407 | 2019-2020 | 100th Legislature | Introduced
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 5-0)
Status: (Engrossed - Dead) 2019-06-04 - Referred To Committee On Judiciary And Public Safety [HB4407 Detail]
Download: Michigan-2019-HB4407-Introduced.html
HOUSE BILL No. 4407
March 20, 2019, Introduced by Reps. Guerra, Elder, Hope, LaGrand and Bolden and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
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 and
preside over civil infraction admissions, admissions with
explanation, and motions to set aside default or withdraw
admissions, and may conduct informal hearings 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
section 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. In exercising the authority conferred by
this subsection, 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.
(2) 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 shall must be given periodically by the state court
administrator.
(3) 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.