Bill Text: MI HB6461 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Criminal procedure; bail; interim bail bonds for misdemeanors; eliminate. Amends title & secs. 1, 2, 2a & 3a of 1961 PA 44 (MCL 780.581 et seq.) & repeals secs. 3, 4, 5 & 6 of 1961 PA 44 (MCL 780.583 et seq.). TIE BAR WITH: HB 6463'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-11-07 - Bill Electronically Reproduced 10/17/2018 [HB6461 Detail]

Download: Michigan-2017-HB6461-Introduced.html

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HOUSE BILL No. 6461

 

 

October 17, 2018, Introduced by Reps. Neeley, LaGrand, Brann, LaSata, Calley, Pagel, Howell, Rabhi, Geiss, Sowerby, Moss, Sabo, Cambensy, Hoadley, Wittenberg, Leutheuser, Ellison, Hammoud, Zemke and Garrett and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 44, entitled

 

"An act to provide for the release of misdemeanor prisoners by

giving bond to the arresting officer in certain circumstances not

inconsistent with public safety; and to repeal certain acts and

parts of acts,"

 

by amending the title and sections 1, 2, 2a, and 3a (MCL 780.581,

 

780.582, 780.582a, and 780.583a), sections 1, 2, and 3a as amended

 

by 1990 PA 308 and section 2a as amended by 2001 PA 198; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                TITLE

 

     An act to provide for the pretrial release of misdemeanor

 

prisoners; by giving bond to the arresting officer in certain

 

circumstances not inconsistent with public safety; and to repeal

 

certain acts and parts of acts.

     Sec. 1. (1) If Except in a case in which an appearance ticket

 

is issued under section 9c of chapter IV of the code of criminal

 

procedure, 1927 PA 175, MCL 764.9c, if a person is arrested without

 

a warrant for a misdemeanor or a violation of a city, village, or

 

township ordinance, and the misdemeanor or violation is punishable

 

by imprisonment for not more than 1 year, or by a fine, or both,

 

the officer making the arrest shall take, without unnecessary

 

delay, the person arrested before the most convenient magistrate of

 

the county in which the offense was committed to answer to the

 

complaint.for an arraignment.

 

     (2) Except as otherwise provided in section 2a, if Subject to

 

subsection (3), if a magistrate is not available or immediate trial

 

cannot be had in a timely manner, the person arrested may deposit

 

with the arresting officer or the direct supervisor of the

 

arresting officer or department, or with the sheriff or a deputy in

 

charge of the county jail if the person arrested is lodged in the

 

county jail, an interim bond to guarantee his or her appearance.

 

The bond shall be a sum of money, as determined by the officer who

 

accepts the bond, not to exceed the amount of the maximum possible

 

fine but not less than 20% of the amount of the minimum possible

 

fine that may be imposed for the offense for which the person was

 

arrested. The person shall be given a receipt as provided in

 

section 3.must be released on his or her own recognizance and

 

provided with a date to appear for an arraignment.

 

     (3) If, in the opinion of the arresting officer or department,

 

the arrested person is under the influence of intoxicating liquor

 

or a controlled substance, or a combination of intoxicating liquor

and a controlled substance, is wanted by police authorities to

 

answer to another charge, is unable to establish or demonstrate his

 

or her identity, or it is otherwise unsafe to release him or her,

 

the arrested person shall must be held at the place specified in

 

subsection (4) until he or she is in a proper condition to be

 

released, or until the next session of court.

 

     (4) For purposes of subsection (3), if the person is arrested

 

in a political subdivision that has a holding cell, holding center,

 

or lockup, the person shall must be held in that holding cell,

 

holding center, or lockup. However, if that holding facility is at

 

capacity then the person may be held in a holding cell, holding

 

center, or lockup willing to accept the prisoner. If the person is

 

arrested in a political subdivision that does not have a holding

 

cell, holding center, or lockup, the person shall must be held in a

 

holding cell, holding center, or lockup willing to accept the

 

prisoner or in the county jail. As used in this subsection,

 

"political subdivision" means a city, village, or township.

 

     Sec. 2. Except as otherwise provided in section 2a, if If a

 

person is arrested with a warrant for a misdemeanor or a violation

 

of a city, village, or township ordinance, and the misdemeanor or

 

violation is punishable by imprisonment for not more than 1 year or

 

by a fine, or both, the provisions of section 1 shall apply, except

 

that the interim bond shall be directed to the magistrate who has

 

signed the warrant, or to any judge authorized to act in his or her

 

stead.apply.

 

     Sec. 2a. (1) A Except as provided in section 1, a person shall

 

not be released on an interim bond as provided in section 1 or on

his or her own recognizance as provided in section 3a, but shall be

 

held until he or she can be arraigned or have interim bond set by a

 

judge or district court magistrate. if either of the following

 

applies:

 

     (a) The person is arrested without a warrant under section 15a

 

of chapter IV of the code of criminal procedure, 1927 PA 175, MCL

 

764.15a, or a local ordinance substantially corresponding to that

 

section.

 

     (b) The person is arrested with a warrant for a violation of

 

section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL

 

750.81 and 750.81a, or a local ordinance substantially

 

corresponding to section 81 of that act and the person is a spouse

 

or former spouse of the victim of the violation, has or has had a

 

dating relationship with the victim of the violation, has had a

 

child in common with the victim of the violation, or is a person

 

who resides or has resided in the same household as the victim of

 

the violation. As used in this subdivision, "dating relationship"

 

means that term as defined in section 2950 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.2950.

 

     (2) If a judge or district court magistrate sets interim bond

 

under this section, the judge or magistrate shall consider and may

 

impose the condition that the person released shall not have or

 

attempt to have contact of any kind with the victim.

 

     (3) If a judge or district court magistrate releases under

 

this section a person subject to protective conditions, the judge

 

or district court magistrate shall inform the person on the record,

 

either orally or by a writing that is personally delivered to the

person, of the specific conditions imposed and that if the person

 

violates a condition of release, he or she will be subject to

 

arrest without a warrant and may have his or her bond forfeited or

 

revoked and new conditions of release imposed, in addition to any

 

other penalties that may be imposed if he or she is found in

 

contempt of court.

 

     (4) An order or amended order issued under subsection (3)

 

shall contain all of the following:

 

     (a) A statement of the person's full name.

 

     (b) A statement of the person'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, including, but not

 

limited to, the condition prescribed in subsection (3).

 

     (5) 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 (3) into the law enforcement information network as

 

provided by the L.E.I.N. policy council act of 1974, 1974 PA 163,

 

MCL 28.211 to 28.216. 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.

 

     (6) 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 L.E.I.N.

 

policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.216, 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 (5).

 

     (2) (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.

 

     Sec. 3a. Except as otherwise provided in section 2a, if If an

 

arrest is made on a misdemeanor warrant from another county, the

 

arresting officer may release the arrested person on his or her own

 

recognizance. An interim bond receipt as provided in section 3

 

shall be executed. On the face of the receipt shall be written

 

"released on own recognizance".

 

     Enacting section 1. Sections 3, 4, 5, and 6 of 1961 PA 44, MCL

 

780.583, 780.584, 780.585, and 780.586, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6463 (request no.

 

03481'17 a) of the 99th Legislature is enacted into law.