Bill Text: MI HB5269 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; bail; release on personal recognizance for certain misdemeanors; require. Amends sec. 6, ch. V of 1927 PA 175 (MCL 765.6).
Spectrum: Partisan Bill (Democrat 34-0)
Status: (Introduced - Dead) 2019-12-05 - Bill Electronically Reproduced 12/05/2019 [HB5269 Detail]
Download: Michigan-2019-HB5269-Introduced.html
HOUSE BILL NO. 5269
December 04, 2019, Introduced by Reps. LaGrand,
Gay-Dagnogo, Hood, Yancey, Tate, Bolden, Tyrone Carter, Camilleri,
Manoogian, Liberati, Chirkun, Shannon, Wittenberg, Guerra, Anthony, Garza,
Sabo, Sowerby, Rabhi, Kennedy, Hope, Cynthia Johnson, Sneller, Hammoud,
Stone, Hoadley, Ellison, Koleszar, Lasinski, Brenda Carter, Byrd, Kuppa,
Robinson and Jones and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 6 of chapter V (MCL 765.6), as amended by 2004 PA 167.
the people of the state of michigan enact:
Sec. 6. (1) Except as otherwise provided by law, a
person accused of a criminal offense is entitled to bail. The amount of bail shall must not be excessive. The court in
fixing the amount of the bail shall consider and make findings on the record as
to each of the following:
(a) The seriousness of
the offense charged.
(b) The protection of the
public.
(c) The previous criminal
record and the dangerousness of the person accused.
(d) The probability or
improbability of the person accused appearing at the trial of the cause.case.
(2) If the court fixes a
bail amount under subsection (1) and allows for the posting of a 10% deposit
bond, the person accused may post bail by a surety bond in an amount equal to
1/4 of the full bail amount fixed under subsection (1) and executed by a surety
approved by the court.
(3) If a person is
arrested for an ordinance violation or a misdemeanor and if the defendant's
operator's or chauffeur's license is not expired, suspended, revoked, or
cancelled, the court may require the defendant, in place of other security for
the defendant's appearance in court for trial or sentencing or, as a condition
for release of the defendant on personal recognizance, to surrender to the
court his or her operator's or chauffeur's license. The court shall issue to
the defendant a receipt for the license, as provided in section 311a of the
Michigan vehicle code, 1949 PA 300, MCL 257.311a. If the trial date is set at
the arraignment, the court shall specify on the receipt the date on which the
defendant is required to appear for trial. If a trial date is not set at the
arraignment, the court shall specify on the receipt a date on which the receipt
expires. By written notice the court may extend the expiration date of the
receipt, as needed, to secure the defendant's appearance for trial and
sentencing. The written notice shall must instruct the person to whom the
receipt was issued to attach the notice to the receipt. Upon its attachment to
the receipt, the written notice shall be is considered a part of the receipt for purposes of
determining the expiration date. At the conclusion of the trial or imposition
of sentence, as applicable, the court shall return the license to the defendant
unless other disposition of the license is authorized by law.
(4) Except as otherwise provided by law, if a person is arrested for a misdemeanor that is not a serious misdemeanor or an assaultive crime the court must release the defendant on his or her personal recognizance.
(5) As used in this section:
(a) "Assaultive crime" includes any of the following:
(i) A violation described in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, not otherwise included in subparagraph (i).
(iii) A violation of section 110a, 136b, 234a, 234b, 234c, 349b, or 411h(2)(a) of the Michigan penal code, 1931 PA 328, MCL 750.110a, 750.136b, 750.234a, 750.234b, 750.234c, 750.349b, and 750.411h, or any other violent felony.
(b) "Serious misdemeanor" means that term as defined in sections 2, 31, and 61 of the Willian Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.752, 780.781, and 780.811.
(c) "Violent felony" means that term as defined in section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236.
