Bill Text: MI HB5616 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Courts; district court; venue for traffic civil infractions issued by state police under certain circumstances; revise. Amends sec. 8312 of 1961 PA 236 (MCL 600.8312).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-15 - Printed Bill Filed 05/11/2012 [HB5616 Detail]
Download: Michigan-2011-HB5616-Introduced.html
HOUSE BILL No. 5616
May 10, 2012, Introduced by Rep. Knollenberg and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8312 (MCL 600.8312).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8312. (1) In a district of the first class, venue in
criminal actions for violations of state law and all city, village,
or township ordinances shall be in the county where the violation
took place.
(2) In a district of the second class, venue in criminal
actions for violations of state law and all city, village, or
township ordinances shall be in the district where the violation
took place.
(3) In a district of the third class, venue in criminal
actions for violations of state law and all city, village, or
township ordinances shall be in the political subdivision where the
violation took place, except that when the violation is alleged to
have taken place within a political subdivision where the court is
not required to sit, the action may be tried in any political
subdivision within the district where the court is required to sit.
(4) With regard to state criminal violations cognizable by the
district court, the following special provisions shall apply:
(a) If an offense is committed on the boundary of 2 or more
counties, districts, or political subdivisions or within 1 mile
thereof, venue is proper in any of the counties, districts, or
political subdivisions concerned.
(b) If an offense is committed in or upon any railroad train,
automobile, aircraft, vessel, or other conveyance in transit, and
it cannot readily be determined in which county, district, or
political subdivision the offense was committed, venue is proper in
any county, district, or political subdivision through or over
which the conveyance passed in the course of its journey.
(5) Venue in civil actions, other than civil infraction
actions, shall be governed by sections 1601 to 1659 except that for
purposes of this subsection all references to "county" in sections
1601
to 1659 shall mean "district" with respect to districts of the
second and third class.
(6) Venue in civil infraction actions shall be determined as
follows:
(a) In a district of the first class, venue shall be in the
county where the civil infraction occurred.
(b) In a district of the second class, venue shall be in the
district where the civil infraction occurred.
(c) In a district of the third class, venue shall be in the
political subdivision where the civil infraction occurred, except
that when the violation is alleged to have taken place within a
political subdivision where the court is not required to sit, the
action may be heard or an admission entered in any political
subdivision within the district where the court is required to sit.
(7) Notwithstanding subsections (1) to (6), venue for an
action arising out of a citation issued by the department of state
police for a violation of the Michigan vehicle code, 1949 PA 300,
MCL 257.1 to 257.923, is determined as follows:
(a) Unless an agreement described in subdivision (b) is in
effect, venue is determined as provided in subsections (1) to (6).
(b) The local funding unit for a judicial district in which a
state police post is located may enter into an agreement with the
department of state police, subject to the approval by the state
court administrator, to designate that judicial district as the
district for venue for actions arising out of citations issued by
state police officers assigned to that post. An agreement under
this subdivision is effective on the date agreed upon by the
parties and may be modified by agreement of the parties. If an
agreement under this subdivision is in effect, venue for actions
described in this subdivision is in the judicial district
designated in the agreement. An agreement under this subdivision
may be canceled by either the local funding unit or the department
of state police upon 180 days' prior notice of intent to cancel
given to the other party and to the state court administrator.
(8) (7)
For purposes of venue, a city which that is located in
more
than 1 county and which that
is placed in 1 district of the a
first
class by district under chapter 81 , shall be considered a
part
of that the county which that contains the greater
portion of
its population.
