Bill Text: MI SB0791 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: trial; certain requirements for a speedy trial; provide for. Amends sec. 1, ch. VIII of 1927 PA 175 (MCL 768.1).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-12-03 - Referred To Committee Of The Whole With Substitute (s-1) [SB0791 Detail]
Download: Michigan-2019-SB0791-Introduced.html
SENATE BILL NO. 791
February 13, 2020, Introduced by Senator LUCIDO
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 1 of chapter VIII (MCL 768.1).
the people of the state of michigan enact:
Sec. 1. (1)
The people of this state and persons charged with a crime are entitled to and shall must have a speedy trial and
determination of all prosecutions. and it is hereby made It is the duty of all public officers
having duties to perform in any a criminal case , to
bring such the case to a final determination without
delay except as may be necessary to secure to the accused a fair and impartial
trial.
(2) Subject to the tolling provisions provided for in MCR 6.004(C)(1) to (6) or any successor rule, all of the following apply to all criminal cases:
(a) If a person is in jail awaiting trial for a misdemeanor violation of the laws of this state, or a political subdivision of this state, the person must be brought to trial not more than 7 days after he or she is taken into custody.
(b) If a person is in jail awaiting trial for a felony violation of the laws of this state, and is not to be released within 7 days of being taken into custody, the person must be brought to trial not more than 90 days after he or she is taken into custody.
(c) A person awaiting trial for a misdemeanor violation of the laws of this state, or a political subdivision of this state, who is not in custody may assert by motion his or her right to a speedy trial at any time. If a motion is filed under this subdivision, the person must be brought to trial not more than 90 days after the filing of the motion.
(d) A person awaiting trial for a felony violation of the laws of this state who is not in custody may assert by motion his or her right to a speedy trial at any time. If a motion is filed under this subdivision, the person must be brought to trial not more than 180 days after the filing of the motion.
