Bill Text: MI HB5438 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: other; certain definitions in the code of criminal procedure and time period required for disposition of criminal charges; provide for. Amends sec. 1, ch. I & sec. 1, ch. VIII of 1927 PA 175 (MCL 761.1 & 768.1).
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Introduced - Dead) 2021-10-21 - Bill Electronically Reproduced 10/20/2021 [HB5438 Detail]
Download: Michigan-2021-HB5438-Introduced.html
HOUSE BILL NO. 5438
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter I and section 1 of chapter VIII (MCL 761.1 and 768.1), section 1 of chapter I as amended by 2017 PA 2.
the people of the state of michigan enact:
(a) "Abscond" means failure to appear with the willful intent to avoid or delay adjudication.
(b) (a) "Act" or "doing of an act" includes an omission to act.
(c) (b) "Clerk" means the clerk or a deputy clerk of the court.
(d) (c) "Complaint" means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.
(e) (d) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622.
(f) (e) "Federal law enforcement officer" means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is enforcing laws of the United States.
(g) (f) "Felony" means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(h) (g) "Indictment" means 1 or more of the following:
(i) An indictment.
(ii) An information.
(iii) A presentment.
(iv) A complaint.
(v) A warrant.
(vi) A formal written accusation.
(vii) Unless a contrary intention appears, a count contained in any document described in subparagraphs (i) through (vi).
(i) (h) "Jail", "prison", or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under section 27a of chapter IV.
(j) (i) "Judicial district" means the following:
(i) With regard to the circuit court, the county.
(ii) With regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
(iii) With regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.
(k) (j) "Juvenile" means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606.
(l) (k) "Juvenile facility" means a county facility, an institution operated as an agency of the county or family division of the circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, to which a juvenile has been committed under section 27a of chapter IV.
(m) (l) "Magistrate" means a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.
(n) (m) "Minor offense" means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.
(o) (n) "Misdemeanor" means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.
(p) "Nonappearance" means a failure to appear without the intent to avoid or delay adjudication.
(q) (o) "Ordinance violation" means either of the following:
(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine.
(ii) A violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.
(r) (p) "Person", "accused", or a similar word means an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.
(s) (q) "Property" includes any matter or thing upon or in respect to which an offense may be committed.
(t) (r) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.
(u) (s) "Recidivism" means any rearrest, recharge, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense, a misdemeanor ordinance violation, or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later.
(v) (t) "Taken", "brought", or "before" a magistrate or judge for purposes of criminal arraignment or the setting of bail means either of the following:
(i) Physical presence before a judge or district court magistrate.
(ii) Presence before a judge or district court magistrate by use of 2-way interactive video technology.
(w) (u) "Technical parole violation" means a violation of the terms of a parolee's parole order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(x) (v) "Technical probation violation" means a violation of the terms of a probationer's probation order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(y) "Without unnecessary delay" means not more than 24 hours after a person is arrested or, upon a showing of good cause, not more than 48 hours after a person is arrested.
(z) (w) "Writing", "written", or a similar term refers to words printed, painted, engraved, lithographed, photographed, copied, traced, or otherwise made visible to the eye.
Sec. 1. (1) The people of this state and persons charged with crime are entitled to and shall have a speedy trial and determination of all prosecutions. and it is hereby made It is the duty of all public officers having duties to perform in any criminal case, to bring such case to a final determination without delay except as may be necessary to secure to the accused a fair and impartial trial. Except as provided in subsection (2), a defendant must be tried, and a final determination of the charge must be made, not more than 18 months after arrest or the issuance of an appearance ticket.
(2) The time period in subsection (1) may be tolled if any of the following apply:
(a) The defendant explicitly waives the time period on the record or implicitly waives the time period by his or her conduct.
(b) The delay is attributable to the defendant.
(c) The delay is necessary to accommodate the request of any victim or victims in the case, if the court finds on the record that the request is reasonable.
(d) The delay is attributable to an act of God, including, but not limited to, a fire, earthquake, hurricane, storm, pandemic, or similar natural disaster or phenomenon.
(e) The delay is otherwise justified by good cause found on the record, but not including delays caused by docket congestion.
(3) If a defendant is not tried or a final determination on the charge or charges is not made within the time period under subsection (1) and none of the circumstances under subsection (2) apply, then the charge against the defendant must be dismissed without prejudice.
(4) It is the responsibility of the court to ensure that judicial or docket delays do not result in case dismissal under this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
