Bill Text: MI SB0211 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: bail; procedure for bail hearings and criteria a court must consider; amend. Amends sec. 6, ch. V of 1927 PA 175 (MCL 765.6).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-14 - Referred To Committee On Judiciary And Public Safety [SB0211 Detail]
Download: Michigan-2019-SB0211-Introduced.html
SENATE BILL No. 211
March 14, 2019, Introduced by Senator IRWIN 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 6 of chapter V (MCL 765.6), as amended by 2004
PA 167.
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 must 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 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
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.
(2) Absent a preponderance of evidence that 1 or both of the
following circumstances applies, the court must release a defendant
on a personal recognizance bond:
(a) If released, a defendant would pose an undue danger to the
community.
(b) If released, there is a significant risk that a defendant
would willfully fail to appear in court as required.
(3) If the court determines 1 or both of the circumstances
described in subsection (2) apply and that the defendant will not
be released on a personal recognizance bond, the court, in fixing
the amount of the bail, shall consider the factors in subdivisions
(a) to (k) and shall make its findings on the record. The court
shall base its written or oral determination whether or not to
release a defendant or on what conditions to release a defendant on
a consideration of the specific facts and circumstances applicable
to the particular defendant. The court shall consider all of the
following factors:
(a) The defendant's prior adult public criminal record,
including any charges that were deferred and dismissed by law,
including, but not limited to, charges deferred and dismissed under
sections 11 to 15 of chapter II, section 4a of chapter IX, or
section 7411 of the public health code, 1978 PA 368, MCL 333.7411.
(b) The defendant's prior juvenile criminal history as
follows:
(i) All juvenile adjudications for cases designated under
section 2d of the probate code of 1939, 1939 PA 288, MCL 712A.2d,
regardless of when the adjudication occurred.
(ii) An adjudication for any other juvenile offense that
occurred within 5 years of the defendant's arraignment.
(c) The defendant's record of appearance or nonappearance at
criminal court proceedings or flight to avoid prosecution in the
immediately preceding 10 years.
(d) The defendant's history of substance abuse or addiction.
(e) The defendant's mental condition, including character and
reputation for dangerousness.
(f) The seriousness of the offense charged and the presence or
absence of threats by the defendant.
(g) The defendant's employment and financial status and
history and financial history insofar as these factors relate to
the ability to post money bail.
(h) The availability of responsible members of the community
who would vouch for or monitor the defendant.
(i) Any facts indicating the defendant's ties to the
community, including family ties and relationships.
(j) The score from a pretrial risk assessment instrument that
has been approved for use by the state court administrative office.
(k) Any other facts bearing on the risk of nonappearance or
danger to the public.
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 all of the following bills of the 100th Legislature are
enacted into law:
(a) Senate Bill No._207.___
(b) Senate Bill No. 215.
(c) House Bill No. 4352.
(d) Senate Bill No._210._
