Bill Text: MI SB0208 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: bail; authority for officer to issue appearance ticket; modify. Amends sec. 9c, ch. IV of 1927 PA 175 (MCL 764.9c).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred To Committee On Judiciary And Public Safety [SB0208 Detail]
Download: Michigan-2019-SB0208-Introduced.html
SENATE BILL No. 208
March 14, 2019, Introduced by Senator SANTANA and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 9c of chapter IV (MCL 764.9c), as amended by
2001 PA 208.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 9c. (1) Except as provided in subsection (3), if a police
officer has arrested a person without a warrant for a misdemeanor
or
ordinance violation for which the maximum permissible penalty
does
not exceed 93 days in jail or a fine, or both, instead of
taking the person before a magistrate and promptly filing a
complaint as provided in section 13 of this chapter, the officer
may issue to and serve upon the person an appearance ticket as
defined in section 9f of this chapter and release the person from
custody.
(2) A public servant other than a police officer, who is
specially authorized by law or ordinance to issue and serve
appearance tickets with respect to a particular class of offenses
of less than felony grade, may issue and serve upon a person an
appearance ticket if the public servant has reasonable cause to
believe that the person has committed an offense.
(3)
An appearance ticket shall must
not be issued to any of
the following:
(a) A person arrested 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 the
Michigan penal code, 1931 PA 328, MCL 750.81, if the victim of the
assault is the offender's spouse, former spouse, an individual who
has had a child in common with the offender, an individual who has
or has had a dating relationship with the offender, or an
individual residing or having resided in the same household as the
offender. As used in this subdivision, "dating relationship" means
frequent, intimate associations primarily characterized by the
expectation of affectional involvement. This term does not include
a casual relationship or an ordinary fraternization between 2
individuals in a business or social context.
(b) A person subject to detainment for violating a personal
protection order.
(c) A person subject to a mandatory period of confinement,
condition of bond, or other condition of release until he or she
has served that period of confinement or meets that requirement of
bond or other condition of release.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 213
of the 100th Legislature is enacted into law.
