Bill Text: MI HB5155 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; probation; GPS bail monitoring of certain offenders; allow. Amends sec. 6b, ch. V of 1927 PA 175 (MCL 765.6b).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-11-09 - Printed Bill Filed 11/09/2011 [HB5155 Detail]
Download: Michigan-2011-HB5155-Introduced.html
HOUSE BILL No. 5155
November 8, 2011, Introduced by Reps. Johnson and Walsh and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 6b (MCL 765.6b), as amended by 2008 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6b. (1) A judge or district court magistrate may release
under this section a defendant subject to conditions reasonably
necessary for the protection of 1 or more named persons. If a judge
or district court magistrate releases under this section a
defendant subject to protective conditions, the judge or district
court magistrate shall make a finding of the need for protective
conditions and inform the defendant on the record, either orally or
by a writing that is personally delivered to the defendant, of the
specific conditions imposed and that if the defendant violates a
condition of release, he or she will be subject to arrest without a
warrant and may have his or her bail forfeited or revoked and new
conditions of release imposed, in addition to any other penalties
that may be imposed if the defendant is found in contempt of court.
(2) An order or amended order issued under subsection (1)
shall contain all of the following:
(a) A statement of the defendant's full name.
(b) A statement of the defendant's height, weight, race, sex,
date of birth, hair color, eye color, and any other identifying
information the judge or district court magistrate considers
appropriate.
(c) A statement of the date the conditions become effective.
(d) A statement of the date on which the order will expire.
(e) A statement of the conditions imposed.
(3) An order or amended order issued under this subsection and
subsection (1) may impose a condition that the defendant not
purchase or possess a firearm. However, if the court orders the
defendant to carry or wear a global positioning system device as a
condition of release as described in subsection (6), the court
shall also impose a condition that the defendant not purchase or
possess a firearm.
(4) The judge or district court magistrate shall immediately
direct a law enforcement agency within the jurisdiction of the
court, in writing, to enter an order or amended order issued under
subsection (1) or subsections (1) and (3) into the law enforcement
information network as provided by the C.J.I.S. policy council act,
1974 PA 163, MCL 28.211 to 28.215. If the order or amended order is
rescinded, the judge or district court magistrate shall immediately
order the law enforcement agency to remove the order or amended
order from the law enforcement information network.
(5) A law enforcement agency within the jurisdiction of the
court shall immediately enter an order or amended order into the
law enforcement information network as provided by the C.J.I.S.
policy council act, 1974 PA 163, MCL 28.211 to 28.215, or shall
remove the order or amended order from the law enforcement
information network upon expiration of the order or as directed by
the court under subsection (4).
(6) If a defendant who is charged with a crime involving
domestic violence, or any other assaultive crime, is released under
this section, the judge or district court magistrate may order the
defendant to carry or wear a global positioning system device as a
condition of release. With the informed consent of the victim, the
court may also order the defendant to provide the victim of the
charged crime with an electronic receptor device capable of
receiving the global positioning system information from the device
carried or worn by the defendant that notifies the victim if the
defendant is located within a proximity to the victim as determined
by the judge or district court magistrate in consultation with the
victim. The victim shall also be furnished with a telephone contact
with the local law enforcement agency to request immediate
assistance if the defendant is located within that proximity to the
victim. In addition, the victim may provide the court with a list
of areas from which he or she would like the defendant excluded.
The court shall consider the victim's request and shall determine
which areas the defendant shall be prohibited from accessing. The
court shall instruct the global positioning monitoring system to
notify the proper authorities if the defendant violates the order.
In determining whether to order a defendant to participate in
global positioning system monitoring, the court shall consider the
likelihood that the defendant's participation in global positioning
system monitoring will deter the defendant from seeking to kill,
physically injure, stalk, or otherwise threaten the victim prior to
trial. The victim may request the court to terminate the victim's
participation in global positioning system monitoring of the
defendant at any time. The court shall not impose sanctions on the
victim for refusing to participate in global positioning system
monitoring under this subsection. A defendant described in this
subsection shall only be released under this section if he or she
agrees to pay the cost of the device and any monitoring of the
device as a condition of release or to perform community service
work in lieu of paying that cost. As used in this subsection:
(a) "Assaultive crime" means that term as defined in section
9a of chapter X.
(b) (a)
"Domestic violence" means
that term as defined in
section 1 of 1978 PA 389, MCL 400.1501.
(c) (b)
"Global positioning monitoring
system" means a system
that electronically determines and reports the location of an
individual by means of an ankle bracelet transmitter or similar
device worn by the individual that transmits latitude and longitude
data to monitoring authorities through global positioning satellite
technology but does not contain or operate any global positioning
system technology or radio frequency identification technology or
similar technology that is implanted in or otherwise invades or
violates the corporeal body of the individual.
(d) (c)
"Informed consent" means
that the victim was given
information concerning all of the following before consenting to
participate in global positioning system monitoring:
(i) The victim's right to refuse to participate in global
positioning system monitoring and the process for requesting the
court to terminate the victim's participation after it has been
ordered.
(ii) The manner in which the global positioning system
monitoring technology functions and the risks and limitations of
that technology, and the extent to which the system will track and
record the victim's location and movements.
(iii) The boundaries imposed on the defendant during the global
positioning system monitoring.
(iv) Sanctions that the court may impose on the defendant for
violating an order issued under this subsection.
(v) The procedure that the victim is to follow if the
defendant violates an order issued under this subsection or if
global positioning system equipment fails.
(vi) Identification of support services available to assist the
victim to develop a safety plan to use if the court's order issued
under this subsection is violated or if global positioning system
equipment fails.
(vii) Identification of community services available to assist
the victim in obtaining shelter, counseling, education, child care,
legal representation, and other help in addressing the consequences
and effects of domestic violence.
(viii) The nonconfidential nature of the victim's communications
with the court concerning global positioning system monitoring and
the restrictions to be imposed upon the defendant's movements.
(7) This section does not limit the authority of judges or
district court magistrates to impose protective or other release
conditions under other applicable statutes or court rules.
