Bill Text: MI HB6069 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; bail; setting of full bail amount for felony violations; require. Amends sec. 6, ch. V of 1927 PA 175 (MCL 765.6); adds sec. 6e to ch. V & repeals sec. 24, ch. V of 1927 PA 175 (MCL 765.24).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-12-04 - Printed Bill Filed 11/30/2012 [HB6069 Detail]
Download: Michigan-2011-HB6069-Introduced.html
HOUSE BILL No. 6069
November 29, 2012, Introduced by Rep. McMillin 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, and by adding section 6e to chapter V; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
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 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.
(2)
If Subject to section 6e,
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, including an ordinance violation, 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 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 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.
Sec. 6e. Beginning on the effective date of the amendatory act
that added this section, a person charged with committing a felony
shall be released on bail only upon payment of an amount set by the
court for his or her release and shall not be released subject to
his or her own recognizance or by posting only a portion of that
amount.
Enacting section 1. Section 24 of chapter V of the code of
criminal procedure, 1927 PA 175, MCL 765.24, is repealed.
