Bill Text: MI SB0005 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Criminal procedure; other; certain definitions and requirements for the manner in which data regarding recidivism are collected; provide for in the code of criminal procedure. Amends sec. 1, ch. I of 1927 PA 175 (MCL 761.1) & adds sec. 21a to ch. XVI.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-18 - Assigned Pa 0002'17 With Immediate Effect [SB0005 Detail]
Download: Michigan-2017-SB0005-Engrossed.html
SB-0005, As Passed Senate, February 2, 2017
SENATE BILL No. 5
January 18, 2017, Introduced by Senators PROOS, O'BRIEN, JONES, COLBECK, KNOLLENBERG, HORN, BOOHER, SCHUITMAKER, BRANDENBURG, HANSEN, KOWALL, GREGORY, JOHNSON and WARREN and referred to the Committee on Michigan Competitiveness.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter I (MCL 761.1), as amended by 2007
PA 20, and by adding section 21a to chapter XVI.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER I
Sec. 1. As used in this act:
(a)
"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.
(b)
"Act" or "doing of an act" includes "omission to
act".
(c)
"Property" includes any matter or thing upon or in respect
to
which an offense may be committed.
(d)
"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).
(e)
"Writing", "written", or a similar term refers to words
printed,
painted, engraved, lithographed, photographed, copied,
traced,
or otherwise made visible to the eye.
(f)
"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.
(g)
"Felony" means a violation of a penal law of this state
for
which the offender, upon conviction, may be punished by death
or
by imprisonment for more than 1 year or an offense expressly
designated
by law to be a felony.
(h)
"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.
(j)
"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.
(k)
"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.
(l) "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.
(m)
"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.
(n)
"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.
(o)
"Clerk" means the clerk or a deputy clerk of the court.
(p)
"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.
(q)
"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.
(r)
"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.
(s)
"Juvenile facility" means a county facility, institution
operated
as an agency of the county or family division of 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.
(t)
"County juvenile agency" means that term as defined in
section
2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(u)
"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.
(a) "Act" or "doing of an act" includes an omission to act.
(b) "Clerk" means the clerk or a deputy clerk of the court.
(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.
(d) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(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.
(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.
(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).
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(q) "Property" includes any matter or thing upon or in respect
to which an offense may be committed.
(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.
(s) "Recidivism" means the rearrest, reconviction, or
reincarceration in prison or jail for a felony or misdemeanor
offense or a probation or parole violation, or any combination of
those events, 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.
(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.
(u) "Technical parole violation" means a violation of the
terms of a parolee's parole order that is not in and of itself a
violation of a law of this state, a political subdivision of this
state, another state, or the United States or of tribal law.
(v) "Technical probation violation" means a violation of the
terms of a probationer's probation order that is not in and of
itself a violation of a law of this state, a political subdivision
of this state, another state, or the United States or of tribal
law.
(w) "Writing", "written", or a similar term refers to words
printed, painted, engraved, lithographed, photographed, copied,
traced, or otherwise made visible to the eye.
CHAPTER XVI
Sec. 21a. Any data collected and maintained under this act
regarding recidivism rates must be collected and maintained in a
manner that separates the data regarding technical probation
violations and technical parole violations from data on new felony
and misdemeanor convictions.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
